Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2013] FWCA 1735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/620)

MNG SERVICES PTY LTD AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 MARCH 2013

Application for approval of the MNG Services Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015

[1] An application has been made for approval of a single-enterprise agreement known as the MNG Services Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 27 March 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied for the approval of the MNG Services Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015. The union sought the court's approval of the enterprise agreement, which aimed to regulate employment conditions between the union and the employer.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the necessary provisions and was free from prohibited content, such as provisions that were against public policy or unfairly dismissed employees.

The Fair Work Commission found that the enterprise agreement contained all the necessary provisions required by the Fair Work Act 2009. The court also determined that the agreement was free from any prohibited content. The agreement included provisions for wages, hours of work, leave, and other employment conditions that were consistent with the provisions of the Act. The court approved the enterprise agreement, finding that it met the requirements for approval under the Act.

As a result of the court's approval, the MNG Services Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015 became a legally binding agreement between the union and the employer. The agreement regulated the employment conditions of the union's members working for the employer, and provided a framework for resolving any disputes that may arise in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established