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

[2024] FWCA 1178

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

(AG2024/934)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2024

Application for approval of the MGI 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 MGI 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.

While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 3 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the MGI Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, the Fair Work Commission was tasked with considering the terms of the proposed enterprise agreement. The dispute involved the union representing the employees and the employer, with the union seeking to have the agreement approved by the Commission. The Fair Work Commission's role was to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. This involved examining whether the agreement had been fairly negotiated, included all the mandatory terms prescribed by the Act, and did not contain any provisions that were contrary to public policy. The Commission also needed to consider whether the agreement provided appropriate protections for the employees and ensured a fair and balanced outcome for both the employer and the union.

After a thorough review of the evidence and submissions presented by both parties, the Fair Work Commission found that the proposed enterprise agreement was fairly negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission determined that the agreement provided adequate protections for the employees and achieved a fair and balanced outcome for both the employer and the union. Consequently, the Commission approved the MGI Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. This decision was made on the basis that the agreement met the legal requirements and was in the best interests of the parties involved.

The final orders of the Commission were that the proposed enterprise agreement, as presented, be approved under section 233 of the Fair Work Act 2009. The agreement was to commence on 1 April 2024 and terminate on 31 March 2027. The approval was subject to the conditions and provisions outlined in the agreement itself, which the Commission found to be fair and reasonable.

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