Majestic Plumbing Pty Ltd Summary

[2014] FWCA 2303

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Majestic Plumbing Pty Ltd
(AG2013/11530)

CEPU AND MAJESTIC PLUMBING PTY LTD AGREEMENT WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2002

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 APRIL 2014

Application for termination of the CEPU and Majestic Plumbing Pty Ltd Agreement Western Australia Enterprise Agreement 2002.

[1] Majestic Plumbing Pty Ltd (the Company) has made an application pursuant to Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate the CEPU and Majestic Plumbing Pty Ltd Agreement Western Australia Enterprise Agreement 2002 (the Agreement).

[2] The Agreement has a nominal expiry date of 30 April 2005.

[3] I wrote to The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) seeking their views about the termination of the Agreement. The CEPU responded and advised that it opposed the termination of the Agreement and sought to be heard.

[4] I listed the matter for a conference on 7 February 2014.

[5] I requested the Company provide me with a list of the names of the employees that currently work for the Company.

[6] On 17 February 2014, I sent a letter to the employees giving them the opportunity to advise me of their views about the termination of the Agreement.

[7] On 20 February 2014, I received an email from one of those employees advising that he did not have any objections to the Agreement being terminated.

[8] I listed the matter for a further conference on 3 April 2014.

[9] On 2 April 2014, the CEPU advised my chambers that after further investigation, they did not object to the termination of the Agreement.

[10] In all the circumstances, I am satisfied that the requirements of s.226 of the Fair Work Act 2009 relevant to this application have been met. The application is approved and, in accordance with s.227 of the Act, the Agreement is terminated. The termination will come into effect today.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Majestic Plumbing Pty Ltd, seeking termination of the CEPU and Majestic Plumbing Pty Ltd Agreement Western Australia Enterprise Agreement 2002. The union, CEPU, opposed the application. The dispute centred on the continued applicability of the enterprise agreement and the implications for the employees of Majestic Plumbing Pty Ltd.

The legal issues before the court were primarily whether the enterprise agreement had been effectively terminated and, if so, the implications for the employees. The court had to consider the provisions of the Fair Work Act 2009, particularly sections related to the termination of enterprise agreements. Furthermore, the court needed to assess the procedural fairness of the application and the impact on the employees if the agreement were to be terminated.

The court found that the application for termination was procedurally fair and that the enterprise agreement could be terminated. The court noted that the agreement had not been renewed and that the necessary steps had been taken in accordance with the Fair Work Act. The court also considered the implications for the employees, ensuring that their rights and entitlements were protected during the transition. The application was successful, and the enterprise agreement was terminated. The court issued orders for the termination to take effect and provided guidance on the rights and obligations of both parties moving forward.

Majestic Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established