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

[2023] FWCA 1698

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

(AG2023/1706)

MCP INDUSTRIAL PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2023

Application for approval of the MCP Industrial 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 MCP Industrial 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 9 June 2023 and, in accordance with s 54, it will operate from 16 June 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 matter before the Fair Work Commission involved an application for the approval of the MCP Industrial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, MCP Industrial Pty Ltd, sought the Commission's approval of the enterprise agreement, which had been negotiated between the applicant and the union representing the employees, CEPU - Plumbing Division (Vic). The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Act. This involved examining if the agreement contained the minimum terms and conditions required by law, whether it was made in good faith, and if it provided for proper dispute resolution mechanisms. The Commission also needed to determine if the agreement met the requirement of being in writing and if it was properly certified by the relevant union.

The Fair Work Commission, in considering the application, assessed the agreement against the statutory requirements. The Commission found that the agreement contained all the mandated minimum terms and conditions and was made in good faith. It also confirmed that the agreement was appropriately certified by the union and was in written form. The Commission was satisfied that the agreement provided for effective dispute resolution mechanisms, including a process for addressing any unfair dismissal claims. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the MCP Industrial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 was approved and registered with the Fair Work Commission. This decision confirmed the legal validity of the agreement, which would now govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established