P & R Mechanical Services Pty Ltd Summary

[2022] FWCA 2504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

P & R Mechanical Services Pty Ltd

(AG2022/2438)

P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2022

Application for approval of the P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

P & R Mechanical Services Pty Ltd has made an application for approval of an enterprise agreement known as the P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 26 July 2022 and, in accordance with s 54, will operate from 2 August 2022. 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

The application before the Fair Work Commission was for approval of the P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for employees of P & R Mechanical Services Pty Ltd, a mechanical services company, and the CEPU – Plumbing Division Victorian Branch, a trade union representing the employees. The application was brought under the Fair Work Act 2009, which provides for the regulation of workplace relations in Australia. The Fair Work Commission, as the body responsible for resolving disputes and approving enterprise agreements, was the court before which this application was made.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the processes set out in the Act, whether it contained the necessary minimum terms and conditions, and whether it was free from any illegality or unfairness. The court had to consider the submissions and evidence provided by both parties, including any objections raised by employees or other interested parties, to determine whether the agreement should be approved.

In delivering its decision, the Fair Work Commission found that the enterprise agreement met all the necessary legal requirements. The court noted that the agreement had been made in accordance with the processes set out in the Fair Work Act 2009 and that it contained all the required minimum terms and conditions. The court also found that the agreement was not illegal or unfair, and that it provided for a fair and reasonable outcome for both the employees and the employer. The court approved the enterprise agreement, and it will now be binding on the parties from the date of the decision.

The final orders of the court were that the P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement will now govern the employment conditions of the employees of P & R Mechanical Services Pty Ltd, and will be in effect from the date of the decision. The court's approval of the enterprise agreement ensures that the terms and conditions of employment are fair and reasonable, and that they comply with the relevant legal requirements.

P & R Mechanical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established