Industrial Medical Piping Systems Pty Ltd

[2023] FWCA 1784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Medical Piping Systems Pty Ltd

(AG2023/1834)

APPLICATION FOR APPROVAL OF THE INDUSTRIAL MEDICAL PIPING SYSTEMS PTY LTD & CEPU SOUTH AUSTRALIA, AGREEMENT 2023

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 19 JUNE 2023

Application for approval of the Industrial Medical Piping Systems Pty Ltd & CEPU South Australia, Agreement 2023

An application has been made for approval of an enterprise agreement known as the INDUSTRIAL MEDICAL PIPING SYSTEMS PTY LTD & CEPU SOUTH AUSTRALIA, AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Medical Piping Systems Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 1 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Medical Piping Systems Pty Ltd, a company engaged in the manufacture and distribution of medical equipment, sought approval for an enterprise agreement with the Communications, Electrical and Plumbing Union South Australia. The application was made to the Fair Work Commission, which was required to assess the agreement under the Fair Work Act 2009. The union argued that the proposed agreement adequately reflected the terms of employment for the employees, while the company contended that certain provisions were inconsistent with the national employment standards.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions of employment, including whether it met the national minimum standards. The Commission also had to consider whether the agreement had been made in good faith and whether it was free from any unfair content.

The Fair Work Commission determined that the agreement, while largely satisfactory, contained certain provisions that did not meet the national employment standards. The Commission found that the proposed shift penalty rates did not align with the stipulated minimum rates set out in the Fair Work Act. Additionally, the agreement contained language that the Commission deemed to be potentially misleading to employees regarding their entitlements. The Commission approved the agreement with modifications to ensure compliance with the national minimum standards, including the adjustment of the shift penalty rates and the clarification of certain entitlements.

The final orders of the Fair Work Commission included the approval of the enterprise agreement with the specified amendments. The company and the union were directed to implement the changes and ensure that all employees were informed of the modified terms. The Commission also mandated ongoing compliance reviews to ensure that the agreement continued to meet the legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established