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

[2022] FWCA 3538

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

(AG2022/4153)

MRN Tank Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 OCTOBER 2022

Application for approval of the MRN Tank Solutions 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 MRN Tank Solutions 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 12 October 2022 and, in accordance with s 54, will operate from 19 October 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 matter before the Fair Work Commission involved an application for approval of an enterprise agreement between MRN Tank Solutions Pty Ltd and the CEPU - Plumbing Division (Vic). The agreement in question was the Plumbing Enterprise Agreement 2019 - 2023. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented the employees, while MRN Tank Solutions Pty Ltd represented the employer. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it could be approved by the Commission.

The court was required to consider several legal issues, including whether the agreement met the criteria for a single interest employer and single interest employee group, if the agreement provided for minimum entitlements and did not undermine the safety net of minimum wages and conditions, and whether the agreement had been fairly negotiated. The court also needed to determine if the agreement allowed for adequate protection for employees’ personal information and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission concluded that the agreement met the necessary criteria for approval. It found that the agreement was a single interest employer and single interest employee group agreement, provided for minimum entitlements, and did not undermine the safety net of minimum wages and conditions. The Commission was satisfied that the agreement had been fairly negotiated and that it allowed for adequate protection of employees’ personal information. Therefore, the Commission approved the Plumbing Enterprise Agreement 2019 - 2023.

The Commission's final orders included the approval of the Plumbing Enterprise Agreement 2019 - 2023, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission also noted that the agreement would remain in force until the end of its term or until it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established