DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Plumbers’ and Mechanical Services Association of Australia, The
(AG2019/3219)

PLUMBING APPRENTICESHIPS VICTORIA AND CEPU – PLUMBING DIVISION (VIC) GROUP TRAINING ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 16 OCTOBER 2019

Application for approval of the Plumbing Apprenticeships Victoria and CEPU - Plumbing Division (Vic) Group Training Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Plumbing Apprenticeships Victoria and CEPU - Plumbing Division (Vic) Group Training Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Plumbers’ and Mechanical Services Association of Australia, The. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Master Plumbers’ and Mechanical Services Association of Australia brought an application for the approval of the Plumbing Apprenticeships Victoria and CEPU - Plumbing Division (Vic) Group Training Enterprise Agreement 2019. The Association sought approval under section 234 of the Fair Work Act 2009, contending that the agreement was a new, genuine, and fair agreement. The Australian Council of Trade Unions, on behalf of CEPU, opposed the application, arguing that the agreement failed to meet the criteria for approval.

The primary legal issue before the Commission was whether the agreement constituted a genuine and fair agreement. This involved assessing the agreement against the criteria outlined in section 230 of the Fair Work Act, including whether the agreement provided for fair terms and conditions and did not undermine the right of employees to be represented by a union of their choice. The Commission had to determine whether the agreement, in its current form, was a fair and genuine agreement, taking into account the parties' intentions, the negotiation process, and the content of the agreement.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement was the product of genuine bargaining between the parties and contained terms and conditions that were fair. The Commission was satisfied that the agreement did not undermine the right of employees to be represented by a union of their choice, as the agreement included provisions for union representation and consultation. Furthermore, the Commission found that the agreement provided for adequate protections and entitlements for employees, and that the terms and conditions were reasonable and appropriate. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Plumbing Apprenticeships Victoria and CEPU - Plumbing Division (Vic) Group Training Enterprise Agreement 2019, finding that it met the criteria for approval under section 234 of the Fair Work Act. The Commission's decision affirmed the agreement as a genuine and fair agreement, providing for fair terms and conditions and respecting the rights of employees to be represented by a union of their choice. The approval of the agreement ensures that the terms and conditions of employment for apprentices and employees in the plumbing industry in Victoria are regulated by a fair and genuine agreement.

Master Plumbers’ and Mechanical Services Association of Australia, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established