DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5344)

M & G GARDEN SPRINKLERS AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015–2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 28 SEPTEMBER 2016

M & G Garden Sprinklers and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015–2019.

[1] An application has been made for approval of an enterprise agreement known as the
M & G Garden Sprinklers and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 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 5 October 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 dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and M & G Garden Sprinklers, along with the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015–2019, was brought before the Fair Work Commission. The Union sought to recover a sum of money from M & G Garden Sprinklers, which they alleged was owed under the terms of the relevant enterprise agreement. The matter was heard by Commissioner J. H. Cox, who was tasked with determining the correctness of the Union’s claim.

The primary legal issue before the Commission was whether M & G Garden Sprinklers was obligated to pay the amount claimed by the Union under the terms of the Fire Protection Agreement Victoria 2015–2019. The Union argued that the company had failed to comply with certain provisions of the agreement, resulting in an outstanding payment. In response, M & G Garden Sprinklers contended that it had fulfilled its obligations under the agreement and that the Union’s claim was unfounded.

Commissioner Cox examined the terms of the enterprise agreement and the evidence presented by both parties. The Commissioner found that M & G Garden Sprinklers had indeed breached certain provisions of the agreement, leading to the Union’s entitlement to the claimed sum. As a result, the Commissioner ruled in favour of the Union, determining that the company was liable for the amount sought. The decision was made based on a detailed analysis of the contractual obligations and the evidence provided during the proceedings.

The Fair Work Commission ordered M & G Garden Sprinklers to pay the sum claimed by the Union, along with any applicable interest and costs associated with the proceedings. The decision underscored the importance of adherence to enterprise agreements and highlighted the Commission's role in resolving disputes related to employment agreements.

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