DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6600)

MBR ROOFING AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the MBR Roofing 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 MBR Roofing 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 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 28 November 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and MBR Roofing. The Union sought approval of an enterprise agreement between itself and the Plumbing Division of CEPU, which was intended to cover the period from 2015 to 2019. The application for approval was lodged with the Fair Work Commission (FWC). The legal issues that the FWC was required to decide related to the procedural fairness of the application and whether the agreement complied with the requirements of the Fair Work Act 2009.

The FWC first considered whether the Union had correctly followed the procedural requirements set out in the Fair Work Act when submitting the application for approval. The Union argued that it had fulfilled all procedural requirements. The FWC found that the Union had indeed followed the necessary procedures, and therefore the application was procedurally sound. Next, the FWC examined whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act, including provisions regarding minimum wages, penalty rates, and other employment conditions. The FWC determined that the agreement complied with all legislative requirements and was fair and reasonable in its terms.

Based on its findings, the FWC approved the enterprise agreement between the Union and MBR Roofing, effective from the specified period. The decision underscored the importance of adherence to procedural requirements and the need for enterprise agreements to meet statutory standards. The FWC's approval signified that the agreement was considered to be in the best interests of the employees covered by it.

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