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

[2024] FWCA 2502

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

(AG2024/2364)

MRP GROUP NSW PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024–2028

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2024

Application for approval of the MRP Group NSW Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the MRP Group NSW Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 8 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the MRP Group NSW Pty Ltd and CEPU - Plumbing Division – NSW Branch, for the approval of the Roofing & Cladding Enterprise Agreement 2024–2028. The application was heard by a delegate of the Commission. The agreement was a product of negotiations between the union and the employer, and sought to govern the terms and conditions of employment for the employees of the MRP Group NSW Pty Ltd within the plumbing division.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been made in good faith, whether it contained only matters that are negotiable and not compulsory, and if it included appropriate mechanisms for the resolution of disputes. The Commission also needed to assess whether the agreement complied with the provisions concerning minimum entitlements and whether it had been appropriately certified by the union.

The Commission found that the agreement had been made in good faith and contained only negotiable matters, with appropriate dispute resolution mechanisms. It also concluded that the agreement did not undermine the minimum entitlements set out in the Fair Work Act. The Commission was satisfied that the union had adequately certified the agreement, as it was made in accordance with the union's constitution and the procedures it had set out for the negotiation of enterprise agreements. Consequently, the Commission approved the agreement, finding it to be a valid and effective enterprise agreement.

The Commission's decision was that the Roofing & Cladding Enterprise Agreement 2024–2028 was approved and would be registered. The agreement would now govern the employment conditions for the relevant employees, providing a framework for their terms and conditions of employment over the specified period. The Commission's decision was final and binding, and no further appeals were permitted unless there were exceptional circumstances.

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