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

[2024] FWCA 1857

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

(AG2024/1566)

MCM PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2024

Application for approval of the MCM Plumbing Services Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027

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 MCM Plumbing Services Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 (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 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between MCM Plumbing Services Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The matter was heard by the Fair Work Commission (FWC) which has jurisdiction to approve, reject or make orders in relation to enterprise agreements. The union and employer had reached an agreement on the terms of employment for employees within the scope of the agreement, and sought FWC’s approval of the agreement.

The legal issues for the FWC to consider included whether the agreement complied with the legislative requirements for enterprise agreements and whether it was made in good faith. Specifically, the FWC needed to assess whether the agreement contained the prescribed terms and whether the union and employer had complied with the procedural requirements set out in the Fair Work Act 2009. The FWC also needed to consider whether the agreement was consistent with the overarching objectives of the Act, such as facilitating improved productivity and efficient workplace relations.

The FWC found that the agreement was properly negotiated, contained all the prescribed terms, and was consistent with the objectives of the Act. The FWC was satisfied that the union and employer had complied with the procedural requirements, and that the agreement was made in good faith. The FWC approved the agreement, noting that it provided for fair and reasonable terms of employment for the employees covered by the agreement.

The FWC made an order approving the MCM Plumbing Services Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 as a registered agreement under the Fair Work Act 2009. The agreement will now be registered and will apply to the employees covered by the agreement from the date of registration.

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