Med Gas Systems Pty Ltd Summary

[2024] FWCA 2375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Med Gas Systems Pty Ltd

(AG2024/2198)

MED GAS SYSTEMS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2024

Application for approval of the Med Gas Systems Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

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 (Vic) Plumbing Enterprise Agreement 2024 – 2027 (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.

The 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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 26 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Med Gas Systems Pty Ltd sought approval of a new enterprise agreement with the CEPU – Plumbing Division (Vic). The agreement, which proposed various terms and conditions of employment for employees, was put forward for consideration under the Fair Work Act 2009. The dispute centred on whether the proposed terms complied with the statutory requirements for enterprise agreements, including whether they met the "better off overall test" and were free from prohibited content.

The central legal issues before the Commission were whether the proposed agreement satisfied the legislative criteria for approval, particularly in relation to the "better off overall test" and whether the agreement contained any prohibited content. The Commission had to examine whether the proposed terms provided employees with a total remuneration package that was at least as good as their current conditions or the applicable award, and whether the agreement included any terms that were against the law or contravened public policy.

The Commission determined that the proposed agreement met all necessary statutory requirements. It found that the agreement was compliant with the "better off overall test" as it offered employees a total remuneration package that was at least as good as their current conditions or the relevant award. Additionally, the Commission concluded that the agreement did not contain any prohibited content, thus satisfying all the criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement between Med Gas Systems Pty Ltd and the CEPU – Plumbing Division (Vic).

The Commission issued an order approving the Med Gas Systems Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. This order validated the agreement as a legally binding enterprise agreement under the Fair Work Act 2009, applicable to the employees of Med Gas Systems Pty Ltd represented by the CEPU – Plumbing Division (Vic).

Med Gas Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established