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

[2022] FWCA 489

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

(AG2022/280)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 FEBRUARY 2022

Application for approval of the Macmeikan Installations 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 Macmeikan Installations 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 14 February 2022 and, in accordance with s 54, will operate from 21 February 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 court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Macmeikan Installations Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 approved by the Fair Work Commission. The application was brought forward as the agreement had been negotiated between the union and the employer, and both parties sought the court's intervention to formalise the terms of their agreement under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for the proper operation of the enterprise, the terms of employment, and whether it adhered to the provisions of the Fair Work Act.

The primary legal issue that the court had to decide was whether the enterprise agreement in question met the statutory requirements set out in the Fair Work Act. This involved examining the agreement to ensure it complied with the provisions concerning the proper operation of the enterprise, the terms of employment, and the adherence to the act's stipulations. The court needed to assess whether the agreement included all the necessary terms and conditions that were required by law and whether it was fair and reasonable in all its aspects.

The court concluded that the agreement was in compliance with the statutory requirements under the Fair Work Act. It found that the agreement provided for the proper operation of the enterprise and contained all the necessary terms of employment as stipulated by the act. The court was satisfied that the agreement was fair and reasonable, taking into account the needs of the employees and the operational requirements of the employer. Consequently, the court approved the application and directed the Fair Work Commission to approve the Macmeikan Installations Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

The final orders of the court were that the application for approval of the enterprise agreement was to be granted, and the Fair Work Commission was directed to approve the agreement. The decision was based on the court's finding that the agreement met all the necessary statutory requirements and was fair and reasonable in its terms.

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