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

[2024] FWCA 2423

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

(AG2024/2267)

MB GROUP SOLUTIONS AND THE CEPU – PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2024

Application for approval of the MB Group Solutions and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024

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 MB Group Solutions and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024 (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 1 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU – Plumbing Division Victorian Branch, sought the court's approval of the MB Group Solutions and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024. The primary issue before the court was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of the procedural fairness and the minimum entitlements for employees. The court had to assess whether the agreement was made in good faith, whether there was adequate consultation, and whether the agreement provided for the minimum entitlements as stipulated by the Act.

The court examined the evidence provided by the union and the employer regarding the negotiation process and the content of the agreement. The union argued that the agreement was the result of genuine negotiations and that all procedural requirements had been met. The employer supported these claims, providing documentation and testimonies that confirmed the process was fair and that the agreement was made in good faith. The court reviewed the agreement to ensure it did not undercut the minimum standards set by the Fair Work Act, such as minimum wages, leave entitlements, and other protected conditions. After careful consideration of the evidence and the legal framework, the court determined that the agreement met all necessary criteria.

Consequently, the court approved the MB Group Solutions and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024, confirming its compliance with the procedural and substantive requirements of the Fair Work Act. The court's decision was based on the satisfactory demonstration of good faith negotiations and the absence of any terms that contravened the minimum standards for employees. The final orders of the court included the formal approval of the enterprise agreement, which would now be binding on the parties involved, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established