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

[2024] FWCA 1470

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

(AG2024/1220)

MC LABOUR SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the MC Labour Services 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 MC Labour Services 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 22 April 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 for the approval of the Plumbing Enterprise Agreement between MC Labour Services Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The dispute centred around whether the agreement met the legal standards required for approval under the Fair Work Act 2009. The application was heard and determined by the Fair Work Commission, which is tasked with regulating and approving enterprise agreements in Australia.

The primary legal issues before the Commission were whether the agreement provided for the protection of employees' entitlements, whether it contained provisions that were contrary to public policy, and whether the agreement had been fairly negotiated. Given the complexity of enterprise agreements and the need to balance the rights of employers and employees, the Commission carefully examined the terms of the agreement to ensure compliance with statutory requirements and fairness principles.

After reviewing the application and the agreement, the Fair Work Commission found that the Plumbing Enterprise Agreement satisfied all necessary legal criteria for approval. The Commission noted that the agreement provided adequate protections for employees, did not contravene public policy, and had been negotiated in good faith. Consequently, the Commission approved the agreement, allowing it to come into effect as scheduled. This decision confirmed the legal validity of the agreement and provided clarity for the parties involved regarding their rights and obligations under the new agreement.

The final orders of the Fair Work Commission included the approval of the Plumbing Enterprise Agreement 2024 – 2027 between MC Labour Services Pty Ltd and CEPU – Plumbing Division (Vic). The agreement was deemed to be in accordance with the requirements of the Fair Work Act 2009, and it was set to take effect from the specified date, providing a framework for industrial relations within the industry for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established