Application for approval of the Melon Group Pty Ltd and CEPU - Plumbing Division (Victorian Branch) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Melon Group Pty Ltd and CEPU - Plumbing Division (Victorian Branch) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melon Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 33, 34A.2 and 38 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Clause 5.6 of the Agreement provides that the Agreement shall operate 'from the first pay period on or after the date of commencement'. I note that, pursuant to s. 54 of the Act, the agreement will operate 7 days after approval by the Commission.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 27 March 2025. The nominal expiry date of the Agreement is 31 January 2028.

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