Mulgrave Insulation Pty Ltd

Case [2016] FWCA 2990

[2016] FWCA 2990

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Mulgrave Insulation Pty Ltd
(AG2016/2834)

MULGRAVE INSULATION PTY LTD AND CEPU - PLUMBING

DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE

AGREEMENT 2015 - 2019

Plumbing industry

COMMISSIONER LEE MELBOURNE, 13 MAY 2016

Application for approval of the Mulgrave Insulation Pty Ltd and CEPU - Plumbing Division

Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1]        An application has been made for approval of an enterprise agreement known as the

Mulgrave Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging

Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to

s.185 of the Fair Work Act 2009 (the Act). It has been made by Mulgrave Insulation 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 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.
[2016] FWCA 2990

[4]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

20 May 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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Details
AGLC
Mulgrave Insulation Pty Ltd [2016] FWCA 2990
Case
[2016] FWCA 2990
Decision Date

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of an enterprise agreement between Mulgrave Insulation Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement, titled the "Mulgrave Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019", was submitted for approval under section 185 of the Fair Work Act 2009. The applicant, Mulgrave Insulation Pty Ltd, sought to have the agreement recognised and enforced as a lawful enterprise agreement. The primary legal issue before the Commission was whether the application met the criteria for approval under sections 186, 187, and 188 of the Act.

The Commission found that all the necessary conditions for approval were satisfied. The agreement was a genuine enterprise agreement, as evidenced by the fact that it had been negotiated in good faith and the bargaining representatives for the agreement, CEPU, had given notice under section 183 of the Act that they wanted the agreement to cover them. Furthermore, the agreement covered the organisation in accordance with section 201(2) of the Act. Consequently, the Commission approved the agreement, which will operate from 20 May 2016, and its nominal expiry date is 31 October 2019.

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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