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

[2013] FWCA 716

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
(AG2013/152)

MCN BUILDINGS SUPPLIES T/A MCN BUILDING SERVICES AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 31 JANUARY 2013

Application for approval of the MCN Buildings Supplies t/a MCN Building Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the MCN Buildings Supplies t/a MCN Building Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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 7 February 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 matter before the Fair Work Commission was an application for the approval of the MCN Buildings Supplies t/a MCN Building Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and related regulations. The Fair Work Commission was the tribunal tasked with determining the validity and appropriateness of the agreement.

The central legal issues revolved around the compliance of the proposed enterprise agreement with the legislative framework. Specifically, the Commission had to assess whether the agreement met the statutory requirements for good faith bargaining, contained appropriate terms and conditions, and adhered to the procedural mandates set forth by the Fair Work Act. The Commission also needed to ensure that the agreement did not disadvantage employees in terms of pay and conditions and was consistent with the broader objectives of the Act.

The Fair Work Commission found that the enterprise agreement was largely compliant with the Fair Work Act. The Commission acknowledged that the agreement was the product of good faith negotiations between the employer and the union, and that it contained terms and conditions that were fair and reasonable. The Commission further determined that the agreement did not contain any provisions that would unduly disadvantage employees. However, the Commission made several minor adjustments to ensure complete compliance with the Act, such as correcting minor clerical errors and ensuring that certain terms were clearly articulated. Based on these findings, the Commission approved the agreement, subject to the minor amendments made during the hearing.

The final orders of the Commission included the approval of the MCN Buildings Supplies t/a MCN Building Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, with the aforementioned minor amendments. The Commission's decision was communicated to the parties, and the approved agreement was registered with the Fair Work Ombudsman. This outcome provided clarity and legal certainty for both the employer and the union, ensuring that the terms and conditions of employment were governed by a valid and enforceable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established