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

[2023] FWCA 1923

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

(AG2023/2056)

MJR MECHANICAL CONTRACTORS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2023

Application for approval of the MJR Mechanical Contractors Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

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 MJR Mechanical Contractors Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 28 June 2023 and, in accordance with s 54, it will operate from 5 July 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with MJR Mechanical Contractors Pty Ltd and the CEPU – Plumbing Division (Vic). The union sought approval of the Plumbing Enterprise Agreement 2019 - 2023. The application for approval was made to the Fair Work Commission, which is the relevant tribunal for such matters under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement met the requirements for an enterprise agreement under the Act, and whether the union had conducted a genuine ballot in accordance with the provisions of the Act. Specifically, the Commission needed to determine if the union had followed the correct procedures in conducting the ballot and if the agreement contained the necessary provisions to be considered compliant.

The Commission found that the union had conducted the ballot in accordance with the legal requirements. It was satisfied that the union had properly notified the members, provided them with sufficient information, and allowed an appropriate period for voting. Furthermore, the agreement itself was found to meet the criteria for an enterprise agreement, including the necessary provisions regarding minimum wages, hours of work, and other employment conditions. Consequently, the Commission approved the agreement, confirming its compliance with the statutory framework.

As a result of the Commission's decision, the Plumbing Enterprise Agreement 2019 - 2023 was approved and will govern the employment conditions between MJR Mechanical Contractors Pty Ltd and its employees covered by the agreement. The union's right to conduct the ballot and the validity of the agreement were both upheld, ensuring that the terms and conditions of employment are legally recognised and enforceable.

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