Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2021] FWCA 6579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/8088)

VERST FIRE SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Verst Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2020-2023

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Verst Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2020-2023 (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 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.

[4] The Agreement was approved on 8 November 2021 and, in accordance with s 54, will operate from 15 November 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

The applicant union sought approval for an enterprise agreement from the Fair Work Commission. The agreement was between Verst Fire Services Pty Ltd and the union's plumbing division. The union argued that the agreement contained appropriate provisions for employee protection, including terms on fire protection and safety. Verst Fire Services Pty Ltd did not oppose the application. The union contended that the agreement was fair and reasonable and complied with the Fair Work Act.

The court had to decide whether the agreement met the criteria for approval under the Fair Work Act, including whether it was in the best interests of the employees. The court also had to consider whether the agreement met the "better off overall test," which required that employees be no worse off and at least some employees be better off financially under the agreement. The court had to ensure that the agreement contained appropriate provisions for employee protection, including terms on fire protection and safety.

The court found that the agreement met the criteria for approval under the Fair Work Act. The court found that the agreement was in the best interests of the employees and met the better off overall test. The court found that the agreement contained appropriate provisions for employee protection, including terms on fire protection and safety. The court noted that Verst Fire Services Pty Ltd did not oppose the application and that the union had demonstrated that the agreement was fair and reasonable.

The court approved the Verst Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2020-2023. The court found that the agreement was fair and reasonable and complied with the Fair Work Act. The court noted that the agreement contained appropriate provisions for employee protection, including terms on fire protection and safety. The court approved the agreement in the interests of fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established