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Fair Work Act 2009
s.185—Enterprise agreement
Master Plumbers and Mechanical Services Association of Australia
(AG2021/6410)
PLUMBING APPRENTICESHIPS VICTORIA AND CEPU – PLUMBING
DIVISION (VIC) GROUP TRAINING ENTERPRISE AGREEMENT 2021
Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN MELBOURNE, 16 AUGUST 2021
Application for approval of the Plumbing Apprenticeships Victoria and CEPU – Plumbing
Division (Vic) Group Training Enterprise Agreement 2021.
[1] The Master Plumbers and Mechanical Services Association of Australia has made an
application for approval of an enterprise agreement known as the Plumbing Apprenticeships
Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2021
(the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a
single enterprise agreement.
[2] While the application is generally in order, the employees were not provided with a
copy of the notice of employee representational rights (NERR) within 14 days of notification
time. However, in all the circumstances, and having regard to the decision of the Full Bench
in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics &
Others,1 I am satisfied that this constitutes a minor procedural or technical error for the
purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to
have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been
genuinely agreed within the meaning of s 188(2) of the Act.
[3] The employer has provided a written undertaking, a copy of which is attached in
Annexure A. I am satisfied that the undertaking will not cause financial detriment to any
employee covered by the Agreement and that it will not result in substantial changes to the
Agreement. The undertaking is taken to be a term of the Agreement.
[4] Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.
1 [2019] FWCFB 318
[2021] FWCA 5056
DECISION
E AUSTRALIA FairWork Commission
[2021] FWCA 5056
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[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[6] 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. In
accordance with s 201(2) and based on its declaration, I note that the Agreement covers the
CEPU.
[7] The Agreement was approved on 16 August 2021 and, in accordance with s 54, will
operate from 23 August 2021. The nominal expiry date of the Agreement is 28 February
2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE512761 PR732872
THE SEAL OF THE F NOISSI
[2021] FWCA 5056
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Annexure A
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021 / 6410 Applicant: Master Plumbers and Mechanical Services Association of Australia trading as Plumbing Apprenticeships Victoria Undertaking-Section 212 I, Peter Daly, Chief Executive Officer / Secretary of Master Plumbers and Mechanical Services Association of Australia gives the following undertaking with respect to the Plumbing Apprenticeships Victoria and CEPU - Plumbing Division (Vic) Group Training Enterprise Agreement 2021 (Agreement): I have the authority given to me by Master Plumbers and Mechanical Services Association of Australia to provide these undertakings in relation to this application before the Fair Work Commission. 1. that fui all purposes of the Agreement on ordinary day shall be considered to be eight (8) hnuire long. Signature: Peter Daly Employer name: Master Plumbers and Mechanical Services Association of Australia Authority to sign: Chief Executive Officer / Secretary 10 August 2021
