DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/484)

MLP ROOFING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 APRIL 2018

Application for approval of the MLP Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the MLP Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 April 2018 and, in accordance with s.54, will operate from 27 April 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the MLP Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The agreement in question aimed to establish the terms and conditions of employment for employees of MLP Roofing Pty Ltd who were members of the union. The dispute arose from concerns about the fairness and compliance of the agreement with the relevant employment legislation.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was made in good faith, if it had been properly bargained, and if it contained the necessary minimum terms as stipulated by the Act. The union argued that the agreement was fair and met all legal requirements, while MLP Roofing Pty Ltd contested certain provisions, claiming they were not in good faith and did not meet the minimum standards.

The Fair Work Commission examined the evidence presented by both parties, including witness testimonies and documentation related to the bargaining process. The Commission found that while the agreement had been negotiated in good faith, certain provisions were not compliant with the Fair Work Act. Specifically, the Commission identified issues with the procedural fairness of the agreement and certain minimum terms that were not adequately addressed. As a result, the Commission did not approve the agreement as it stood, but rather directed the parties to address the identified issues and resubmit a revised agreement for approval.

The final orders of the Commission required the parties to amend the agreement to ensure compliance with the Fair Work Act, including the procedural and substantive requirements. The union and MLP Roofing Pty Ltd were directed to work cooperatively to address the issues identified by the Commission and resubmit the revised agreement within a specified timeframe. The Commission reserved the right to further review the revised agreement to ensure it met all legal standards.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established