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

[2024] FWCA 3167

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

(AG2024/3216)

MRN TANK SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 2 SEPTEMBER 2024

Application for approval of the MRN Tank Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the MRN Tank Solutions Pty Ltd 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 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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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 9 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and MRN Tank Solutions Pty Ltd, along with the CEPU – Plumbing Division (Vic). The union sought approval for a proposed enterprise agreement between the employer and the union's division for the period 2024 to 2027. The application was made under relevant Australian labour laws, specifically the Fair Work Act 2009.

The primary legal issue for the court was whether the proposed enterprise agreement met the statutory requirements for approval. This included assessing if the agreement was in the best interests of the employees, if it contained the necessary minimum terms and conditions, and if it complied with the provisions of the Fair Work Act 2009. The court had to ensure that the agreement was fairly negotiated and did not unfairly discriminate against any class of employees.

In its decision, the court thoroughly examined the proposed agreement, taking into account the submissions from both parties and the interests of the employees. The court determined that the agreement provided fair terms and conditions, included the mandated minimum entitlements, and did not contain any provisions that would unfairly disadvantage any group of employees. The court also found that the agreement was the product of genuine bargaining between the parties. Based on these findings, the court approved the enterprise agreement, affirming that it met all necessary statutory requirements.

The court's final order was the approval of the MRN Tank Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 to 2027, as presented. This decision provided legal certainty and allowed the agreement to come into effect, governing the employment conditions between the employer and the union's division for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established