DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Plumbers and Mechanical Services Association of Australia
(AG2021/6410)

PLUMBING APPRENTICESHIPS VICTORIA AND CEPU – PLUMBING DIVISION (VIC) GROUP TRAINING ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2021

Application for approval of the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2021.

[1] The Master Plumbers and Mechanical Services Association of Australia has made an application for approval of an enterprise agreement known as the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

[7] The Agreement was approved on 16 August 2021 and, in accordance with s 54, will operate from 23 August 2021. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Master Plumbers and Mechanical Services Association of Australia brought an application before the Fair Work Commission for approval of the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2021. The agreement sought to establish terms and conditions for apprentices and trainees in the plumbing industry in Victoria, including wages, working hours, leave entitlements, and other employment conditions.

The legal issues before the Commission were whether the agreement provided for the fair and efficient operation of the industry, whether it aligned with the Fair Work Act 2009, and whether it provided for the protection of the interests of both employers and employees. The Commission had to consider the impact of the agreement on the industry, the bargaining power of the parties, and whether the agreement provided for a fair and reasonable outcome for all parties involved.

The Commission found that the agreement provided for the fair and efficient operation of the industry, and aligned with the Fair Work Act. The agreement provided for a fair and reasonable outcome for both employers and employees, with appropriate protections for apprentices and trainees. The Commission noted that the agreement provided for a pathway for apprentices to transition into fully qualified plumbers, and provided for appropriate wages and conditions for both apprentices and fully qualified plumbers. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act and provided for a fair and reasonable outcome for all parties involved.

The Commission approved the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2021, and the agreement now applies to all employers and employees in the plumbing industry in Victoria. The agreement provides for appropriate wages and conditions for apprentices and fully qualified plumbers, and provides for a pathway for apprentices to transition into fully qualified plumbers. The agreement also provides for appropriate protections for apprentices and trainees, and ensures the fair and efficient operation of the industry.

Master Plumbers and Mechanical Services Association of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established