Fraser & Mountain Pty Ltd

[2024] FWCA 1914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fraser & Mountain Pty Ltd

(AG2024/1620)

FRASER & MOUNTAIN PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2024

Application for approval of the Fraser & Mountain Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Fraser & Mountain Pty Ltd has made an application for approval of an enterprise agreement known as the Fraser & Mountain 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 24 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fraser & Mountain Pty Ltd applied for approval of a new enterprise agreement with the CEPU – Plumbing Division (Vic). The dispute involved the terms and conditions of employment for the employees covered by the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for the fair and reasonable terms and conditions of employment, and if it had been made in accordance with the procedural requirements of the Act. This included assessing if the agreement had been made without coercion, and if it provided for genuine bargaining. The Commission also needed to consider whether the agreement met the minimum standards prescribed by the Act, such as minimum wages and penalty rates.

The Commission found that the agreement had been made without any procedural flaws and that it provided for fair and reasonable terms and conditions for the employees. The agreement had been made through genuine bargaining, with all parties acting in good faith. The Commission was satisfied that the agreement complied with all the minimum standards under the Act and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the agreement, finding it met all the statutory requirements for approval.

The final orders included the approval of the Fraser & Mountain Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, with the agreement to be registered with the Fair Work Commission. The agreement was to come into effect from the date of registration and would apply to all employees covered by it. The Commission emphasised the importance of the agreement in providing fair and reasonable terms and conditions for the employees, and noted that it would be subject to review in the future to ensure its continued compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established