DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Med Gas Systems Pty Ltd
(AG2021/4321)

MED GAS SYSTEMS PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the Med Gas Systems Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Med Gas Systems Pty Ltd has made an application for approval of an enterprise agreement known as the Med Gas Systems Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. 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 and 188 as are relevant to this application for approval has been met.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2021 and, in accordance with s 54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Med Gas Systems Pty Ltd and the CEPU – Plumbing Division Victorian Branch. The enterprise agreement, which was proposed to cover the period from 2019 to 2023, was submitted for assessment to ensure its compliance with the relevant statutory requirements. The applicant, Med Gas Systems Pty Ltd, sought approval of the agreement to ensure that it would be binding and enforceable for both the employer and the union.

The legal issues that the Commission needed to resolve included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, and whether the agreement complied with the mandatory requirements of the Act. Specifically, the Commission needed to examine if the agreement had been made fairly and in good faith, if it met the requirements for direct communication between the parties, and if it contained all the prescribed terms and conditions of employment. Furthermore, the Commission considered whether the agreement was likely to achieve a better outcome for the employees than if there was no agreement.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was made in good faith and met all the statutory requirements. The Commission found that the agreement had been made directly between the employer and the union, and that it contained all the prescribed terms and conditions of employment. The Commission was satisfied that the agreement was likely to achieve a better outcome for the employees than if there was no agreement, and therefore approved the enterprise agreement. The Commission's decision was based on the evidence presented and its assessment of the fairness and appropriateness of the agreement.

As a result of the Commission's approval, the Med Gas Systems Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 is now a legally binding and enforceable agreement between the parties. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, and will remain in force until the end of the specified period or until it is terminated or replaced by a new agreement. The Commission's decision provides certainty for both the employer and the union, and ensures that the agreement will operate effectively for the benefit of the employees.

Med Gas Systems 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