DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/764)

MATT DEAN PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

Application for approval of the Matt Dean Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Matt Dean Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Matt Dean Pty Ltd. The matter before the court concerns the approval of the Enterprise Agreement between Matt Dean Pty Ltd and the CEPU – Plumbing Division Victorian Branch for the period 2015 to 2019. The case was heard in the Fair Work Commission of Australia. The legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act 2009, including the provisions regarding the protection of employees' rights, and whether the agreement had been made in good faith. The court had to determine if the agreement was in the best interests of the employees and if it provided for a fair and reasonable set of terms and conditions of employment.

The court examined the agreement and the process by which it was made, considering the evidence presented by both parties. The court found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The court also determined that the agreement had been made in good faith, with both parties participating in the negotiation process and reaching a mutually beneficial outcome. The court considered the provisions of the agreement, including the terms and conditions of employment, and found them to be fair and reasonable. The court concluded that the agreement should be approved and registered under the Fair Work Act.

In light of the court's findings, the Fair Work Commission approved the Enterprise Agreement between Matt Dean Pty Ltd and the CEPU – Plumbing Division Victorian Branch for the period 2015 to 2019. The agreement was registered under the Fair Work Act, and the parties are bound by its terms. The court's decision provides clarity for both the employer and employees regarding their rights and obligations during the term of the agreement. The case serves as an example of the importance of fair and reasonable agreements in the workplace, and the role of the Fair Work Commission in ensuring that such agreements are made in good faith and in the best interests of all parties involved.

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