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

[2022] FWCA 4067

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

(AG2022/4680)

Mechonik Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Mechonik 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 Mechonik 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 21 November 2022 and, in accordance with s 54, will operate from 28 November 2022. 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 before the court involved an application for approval of the Mechonik Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered. The matter was heard in the Fair Work Commission, with Commissioner R L Stewart presiding.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, specifically in terms of meeting the "better off overall test" (BOOT). This test requires that the agreement must provide employees with a direct or indirect financial advantage compared to their current conditions. The Commission also had to consider if the agreement was genuinely bargained and whether it adhered to other statutory requirements such as the inclusion of dispute resolution processes and proper notice provisions.

The Commission examined the submissions from both parties and the evidence presented, including the bargaining process and the terms of the agreement. The Commission found that the agreement satisfied the BOOT, as it provided employees with financial benefits and improved working conditions. Additionally, the Commission concluded that the agreement was genuinely bargained and complied with the statutory requirements. Consequently, the application for approval of the agreement was successful, and it was registered under the Fair Work Act.

The final orders of the Commission were that the Mechonik Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement will govern the employment conditions of the employees involved for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established