Mulgrave Insulation Pty Ltd

Case [2024] FWCA 2402
[2024] FWCA 2402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mulgrave Insulation Pty Ltd

(AG2024/2239)

MULGRAVE INSULATION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 27 JUNE 2024

Application for approval of the Mulgrave Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

  1. Mulgrave Insulation Pty Ltd has made an application for approval of an enterprise agreement known as the Mulgrave Insulation 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.

  1. 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 27 June 2024.

DEPUTY PRESIDENT
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Details
AGLC
Mulgrave Insulation Pty Ltd [2024] FWCA 2402
Case
[2024] FWCA 2402
Decision Date

CaseChat Overview and Summary

Mulgrave Insulation Pty Ltd and the CEPU – Plumbing Division (Vic) have applied for the approval of their Enterprise Agreement 2024-2027, which is currently before the Fair Work Commission. The primary dispute revolves around the terms and conditions of employment, wages, and other benefits outlined in the proposed agreement. The Fair Work Commission is tasked with ensuring that the agreement complies with the provisions of the Fair Work Act 2009 and meets the requirements for being a registered agreement.

The legal issues that the Commission had to address included whether the agreement provided for a safety net of minimum wages and conditions, whether it complied with the good faith bargaining provisions, and whether it adhered to the requirements for being a registered agreement. The Commission also needed to consider the submissions made by the parties and any relevant stakeholders during the hearing.

After examining the proposed agreement and the submissions, the Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement provided for a safety net of minimum wages and conditions, and that it had been made in good faith. Furthermore, the Commission concluded that the agreement complied with the requirements for being a registered agreement, and that it did not contain any provisions that would be contrary to public policy. Therefore, the Commission approved the Mulgrave Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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