MJR Mechanical Contractors Pty Ltd Summary

[2013] FWCA 6104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MJR Mechanical Contractors Pty Ltd
(AG2013/7867)

MJR MECHANICAL CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 26 AUGUST 2013

Application for approval of the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MJR Mechanical Contractors Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by MJR Mechanical Contractors Pty Ltd for approval of the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The application was brought under the Fair Work Act 2009, specifically seeking the court's approval of the agreement as a registered agreement. The dispute centred on whether the agreement complied with the statutory requirements and whether it was fair and reasonable.

The primary legal issues that the court was required to address included whether the agreement contained the necessary minimum terms and conditions as outlined by the Fair Work Act, and whether the process by which the agreement was formed was procedurally fair. Additionally, the court needed to determine if the agreement was made in good faith and if it provided for the proper resolution of workplace disputes. The CEPU - Plumbing Division (Vic) sought to intervene in the proceedings, arguing that the agreement did not adequately represent the interests of its members.

The court examined the procedural fairness of the agreement formation process, finding that the necessary steps were followed and that the process was conducted in good faith. It was determined that the agreement contained all the required minimum terms and conditions and was fair and reasonable. The court held that the agreement was not only procedurally fair but also substantively fair, providing for the proper resolution of workplace disputes and adequately representing the interests of both parties. Consequently, the court approved the agreement, finding it compliant with the statutory requirements of the Fair Work Act.

In summary, the court granted the application for approval of the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, confirming its compliance with the statutory requirements and its fairness and reasonableness. The agreement was registered under the Fair Work Act 2009, and the court's approval was given.

MJR Mechanical Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established