DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5339)

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

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Mechfield 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 Mechfield 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 September 2016 and, in accordance with s.54, will operate from 27 September 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 an application for the approval of the Mechfield Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The application was made by the CEPU - Plumbing Division Victorian Branch, an Australian trade union, to the Fair Work Commission (FWC). Mechfield Pty Ltd, a company in the plumbing industry, was the employer party to the enterprise agreement. The FWC was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the FWC had to assess if the agreement was made in good faith, if it covered a relevant bargaining group, and if it met the criteria for being a "better off overall and in the round" agreement. The FWC also had to consider if the agreement contained terms that were consistent with the Fair Work Act's objectives, such as facilitating a fair and efficient workplace relations system.

The FWC determined that the agreement was made in good faith and covered a relevant bargaining group. It found that the agreement met the "better off overall and in the round" test, as the majority of employees had voted in favour of the agreement and the FWC was satisfied that the agreement provided employees with benefits that were at least equivalent to their previous entitlements. The FWC also considered that the terms of the agreement were consistent with the objectives of the Fair Work Act. Consequently, the FWC approved the enterprise agreement.

The FWC approved the Mechfield Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019, effective from 1 April 2016 to 31 March 2019. The approval was based on the findings that the agreement was made in good faith, covered a relevant bargaining group, and provided employees with benefits that met the "better off overall and in the round" test. The FWC's decision affirmed the legal validity of the agreement and allowed it to be implemented between the parties.

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