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

[2024] FWCA 3186

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

(AG2024/3215)

MG SPRINKLER INSTALLATIONS AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2024

Application for approval of the MG Sprinkler Installations and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the MG Sprinkler Installations and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the MG Sprinkler Installations and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The matter was heard in the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements. The union argued that the proposed agreement was fair and met the necessary requirements under the Fair Work Act 2009, while the employer contested certain aspects of the agreement.

The legal issues the court needed to address were whether the agreement was genuinely bargained for, if it provided adequate protections and benefits to employees, and if it complied with the relevant legislative framework. Specifically, the court examined whether the agreement's terms and conditions were fair and reasonable, and if it complied with the requirements for good faith bargaining.

The court found that the agreement was genuinely bargained for and met the necessary requirements under the Fair Work Act. The court was satisfied that the agreement provided adequate protections and benefits to employees, and that it complied with the relevant legislative framework. The court noted that the agreement contained provisions for reasonable work hours, fair wages, and adequate leave provisions. Additionally, the court found that the employer had engaged in good faith bargaining and that the agreement was fair and reasonable. Consequently, the court approved the MG Sprinkler Installations and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established