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

[2021] FWCA 6583

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
(AG2021/8065)

ENDFIRE ENGINEERING PTY LTD AND CEPU PLUMBING DIVISION MAJOR COMMERCIAL FIRE SERVICES UNION COLLECTIVE AGREEMENT 2020 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Major Commercial Fire Services Union Collective Agreement 2020 - 2022

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Major Commercial Fire Services Union Collective Agreement 2020 - 2022 (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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Endfire Engineering Pty Ltd (the "Employer"). The dispute arose under the Fair Work Act 2009, specifically concerning the approval process for a major commercial fire services union collective agreement for the period 2020-2022. The matter was heard by the Fair Work Commission, presided over by Commissioner McMahon.

The central issue before the Commission was whether the terms and conditions outlined in the proposed collective agreement were fair and reasonable, as required by section 234 of the Act. The Union argued that the agreement was fair and reasonable, while the Employer contested certain provisions. The Commission needed to determine if the provisions were consistent with the objectives of the Act, including promoting high levels of employment and avoiding industrial action. The Commission also considered whether the agreement adequately addressed the needs of the employees and whether it provided for a fair and efficient workplace.

Commissioner McMahon, in his decision, thoroughly examined the terms and conditions of the agreement. He found that the majority of the provisions were fair and reasonable, considering the context of the industry and the need for a balanced approach between the rights of employers and employees. The Commissioner noted that some provisions were contentious, but after weighing the arguments presented by both parties, he concluded that the overall agreement was fair and reasonable. The Commissioner approved the collective agreement, subject to the parties notifying the Commission of any disputes or changes.

The final orders included the approval of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Major Commercial Fire Services Union Collective Agreement 2020-2022, with the requirement that any future disputes or changes must be notified to the Commission. The agreement now stands as a legally binding contract between the Union and the Employer, effective for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established