DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morrow Plumbing Pty Ltd
(AG2018/3568)

MORROW PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2017 - 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 14 AUGUST 2018

Application for approval of the Morrow Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Morrow Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morrow Plumbing 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.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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 the Morrow Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019. The applicant, Morrow Plumbing Pty Ltd, sought approval for the enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval, including compliance with the 'better off overall test' and the procedural fairness in the negotiation process.

The legal issues revolved around whether the agreement was made in good faith, whether the parties had genuinely negotiated, and whether the agreement provided for a fair and better off outcome for the employees compared to the applicable award. The applicant argued that the agreement was beneficial to the employees, while the respondent contended that the agreement did not meet the statutory requirements for approval. The central question was whether the agreement was in the best interests of the employees and adhered to the necessary procedural standards.

The Commission found that the agreement was made in good faith and that the negotiation process was genuine. The Commission also determined that the agreement was better off overall for the employees, meeting the statutory threshold for approval. The Commission noted that the agreement provided for fair terms and conditions of employment, including pay rates and conditions that were at least as good as, if not better than, the applicable award. Consequently, the application for approval was successful, and the enterprise agreement was certified.

The Fair Work Commission certified the Morrow Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019, effective from the date of the decision. This certification validates the agreement and ensures that it will apply to the relevant employees, providing them with the terms and conditions set out in the agreement for the specified period.

Morrow Plumbing 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