DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7115)

MC LABOUR SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LABOUR HIRE ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire 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 the 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 12 December 2016. 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 case before the Fair Work Commission involved an application for the approval of a labour hire enterprise agreement between MC Labour Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The agreement, which was proposed for a four-year period, was put forward by the union and the employer seeking endorsement under the Fair Work Act. The primary focus of the case was to ensure the agreement met the legal requirements for a fair and equitable resolution of the employment terms and conditions between the parties.

The court had to determine whether the agreement complied with the statutory obligations and whether it was made in good faith. Key issues included assessing whether the agreement contained all the mandated minimum terms, whether it was free from any unfair content, and if it was genuinely negotiated between the parties. The court examined the procedural fairness in the negotiation process and whether the agreement was consistent with the principles of the Fair Work Act.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the proposed agreement was made in good faith and contained all the required minimum terms. The commission confirmed that the agreement did not include any unfair provisions and was a genuine product of the negotiation process. Consequently, the court approved the enterprise agreement, ensuring its compliance with the statutory requirements of the Fair Work Act.

The final order of the court was the approval of the MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015 - 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees for the specified period.

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