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

[2024] FWCA 1728

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

(AG2024/1460)

MECHONIK PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2024

Application for approval of the Mechonik Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 Mechonik Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 10 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Mechonik Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was made under section 233 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it considers that the agreement will provide for fair and reasonable terms and conditions. The application was opposed by Mechonik Pty Ltd on the basis that the agreement did not provide for fair and reasonable terms and conditions.

The key legal issues the Commission was required to decide were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the agreement provided for reasonable hours of work, reasonable rates of pay, and reasonable conditions of employment. The Commission also considered whether the agreement complied with the requirements of the Fair Work Act 2009, including the provisions relating to the protection of employees' rights and interests.

The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered that the agreement provided for reasonable hours of work, with provisions for overtime and shift patterns that were consistent with industry standards. The Commission also considered that the rates of pay provided for in the agreement were fair and reasonable, and that the conditions of employment were consistent with industry standards. The Commission found that the agreement complied with the requirements of the Fair Work Act 2009, including the provisions relating to the protection of employees' rights and interests.

The Commission approved the Mechonik Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, and the agreement will now apply to the employees of Mechonik Pty Ltd who are covered by the agreement. The approval of the agreement will provide certainty and stability for the employees and employers covered by the agreement, and will help to promote productive and harmonious workplace relations.

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