Entire Mechanical Services Pty Ltd Summary

[2024] FWCA 2207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Entire Mechanical Services Pty Ltd

(AG2024/1962)

ENTIRE MECHANICAL SERVICES PTY LTD AND CEPU –PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the Entire Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Entire Mechanical Services Pty Ltd has made an application for approval of an enterprise agreement known as the Entire Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Entire Mechanical Services Pty Ltd, an employer, and CEPU – Plumbing Division (Vic), a union representing the employees. The union sought approval of a proposed enterprise agreement for the period 2024 to 2027. The application was made to the Fair Work Commission under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act, particularly regarding the fair and reasonable terms and conditions of employment. The Commission needed to assess if the agreement met the criteria for being a single, integrated agreement and whether it provided for fair and reasonable terms and conditions.

The Commission considered various factors in its assessment, including the negotiation process, the content of the agreement, and whether it met the requirements for being a single, integrated agreement. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions covering a broad range of employment terms. The Commission was satisfied that the agreement was a single, integrated agreement as it covered all employees within the bargaining unit and provided for fair and reasonable terms and conditions. The Commission also noted that the agreement included provisions for dispute resolution, which were deemed to be adequate.

Based on its assessment, the Commission found that the proposed agreement met all the necessary requirements under the Fair Work Act. The Commission approved the agreement, finding it to be fair and reasonable and meeting the criteria for being a single, integrated agreement. The Commission emphasised the importance of the negotiation process and the content of the agreement in reaching its decision. The approval of the agreement ensures that the terms and conditions of employment for the employees of Entire Mechanical Services Pty Ltd are legally binding and enforceable.

Entire Mechanical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established