DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mulgrave Insulation Pty Ltd
(AG2021/4773)

MULGRAVE INSULATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2021

Application for approval of the Mulgrave Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[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 Victorian Branch Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 April 2021 and, in accordance with s 54, will operate from 6 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Mulgrave Insulation Pty Ltd, applied for the approval of the proposed enterprise agreement between the company and the CEPU - Plumbing Division Victorian Branch. The agreement was made on 27 August 2020 and covered the period from 1 September 2020 to 31 August 2024. The application was heard by the Commission in Melbourne on 14 September 2020. The Commission had to decide whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees and the employer.

The applicant argued that the agreement was in the best interests of the employees and the employer because it provided for a fair and reasonable set of terms and conditions of employment, taking into account the current economic climate and the impact of COVID-19. The applicant also claimed that the agreement did not unfairly disadvantage any employees and did not contravene any minimum entitlements or standards under the National Employment Standards or the relevant awards. The Commission noted that the agreement contained provisions for flexible working arrangements, redundancy payments, leave entitlements, wages, and other matters. The Commission also noted that the agreement was made after good faith bargaining between the parties and that it had been certified by an independent certifier.

After considering the submissions and the evidence, the Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees and the employer. The Commission approved the agreement on 16 September 2020. The agreement would operate from 1 September 2020 for a period of four years until 31 August 2024, unless terminated earlier in accordance with its provisions. The Commission also ordered that a copy of the approved agreement be served on the applicant, the respondent, and the Fair Work Ombudsman.

Mulgrave Insulation Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established