MJR Mechanical Contractors Pty Ltd

[2024] FWCA 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MJR Mechanical Contractors Pty Ltd

(AG2024/2336)

MJR MECHANICAL CONTRACTORS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2024

Application for approval of the MJR Mechanical Contractors Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

MJR Mechanical Contractors Pty Ltd has made an application for approval of an enterprise agreement known as the MJR Mechanical Contractors 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 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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 4 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves MJR Mechanical Contractors Pty Ltd and the CEPU – Plumbing Division (Vic), which brought an application before the Fair Work Commission for the approval of the MJR Mechanical Contractors Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The agreement in question pertains to the terms and conditions of employment for employees working in the plumbing industry in Victoria. The key issues under consideration were whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009.

The legal issues addressed by the Commission included whether the agreement provided for a fair and efficient workplace, and if it adhered to the provisions of the Fair Work Act. The Commission examined whether the agreement appropriately balanced the rights and interests of both employers and employees, ensuring it did not adversely affect the fundamental rights of employees. Additionally, the Commission needed to determine if the agreement was made in good faith, whether it was free from any improper influence or pressure, and if it met the criteria for being a "single, clear and complete" document.

The Commission found that the agreement was comprehensive and adequately addressed the needs of both parties. It included provisions for fair wages, reasonable working conditions, and mechanisms for resolving disputes. The Commission concluded that the agreement was made in good faith, without any improper influence or pressure, and was a clear and complete document. Consequently, the Fair Work Commission approved the agreement, finding it to be fair and efficient, and compliant with all statutory requirements.

In approving the agreement, the Commission issued an order that the MJR Mechanical Contractors Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be registered and given effect as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established