DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Med & Eng Pty Ltd
(AG2016/1588)

MED & ENG PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Med & Eng Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Med & Eng Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Med & Eng Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Med & Eng Pty Ltd, an applicant, sought approval of an enterprise agreement with CEPU - Plumbing Division Victorian Branch. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the mandated minimum terms and conditions, did not unfairly disadvantage any employee, and complied with procedural requirements. The Commission also considered whether the agreement was made in good faith and if there was sufficient employee engagement in its formation.

The Commission began its analysis by examining the agreement's compliance with the minimum terms and conditions set out in the Fair Work Act. It found that the agreement provided for a comprehensive set of terms and conditions, including minimum wage rates, penalty rates, leave provisions, and other employment-related matters. The Commission also assessed the fairness of the agreement, noting that it did not unfairly disadvantage any employee and provided for adequate protections and benefits. Furthermore, the procedural requirements were met, as the agreement was made following the necessary consultation and negotiation processes. The Commission concluded that the agreement was made in good faith, as evidenced by the parties' willingness to negotiate and reach a mutually beneficial outcome.

Following its analysis, the Commission approved the enterprise agreement, finding that it met all the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, without unfairly disadvantaging any employees. The Commission also noted the parties' commitment to good faith bargaining and the engagement of employees in the agreement's formation. The approval of the enterprise agreement allows the parties to proceed with the implementation of the agreed terms and conditions, providing certainty and stability in their industrial relations arrangements.

Med & Eng Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established