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

[2021] FWCA 6351

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
(AG2021/7808)

SOUTH EAST FIRE AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 OCTOBER 2021

Application for approval of the South East Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 South East Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 20 October 2021 and, in accordance with s 54, will operate from 27 October 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the South East Fire and CEPU - Plumbing Division (Vic) sought approval of the Fire Protection Agreement Victoria 2020-2023. The dispute arose from the union's application for the court's approval of this agreement under the Fair Work Act 2009. The court was tasked with determining whether the agreement complied with the statutory requirements and if its approval was in the interests of industrial fairness.

The primary legal issues the court addressed were whether the agreement met the eligibility criteria for approval and whether it satisfied the requirements of the Fair Work Act. The court examined whether the agreement had been negotiated in good faith, covered appropriate bargaining units, and contained terms that were fair and reasonable. Additionally, the court had to consider whether the agreement met the threshold for the court's approval and whether its terms were consistent with the broader objectives of the Fair Work Act, including ensuring fairness in the workplace.

In delivering its judgment, the court found that the agreement met the necessary criteria for approval under the Fair Work Act. The court determined that the agreement had been negotiated in good faith and was consistent with the legislative framework. The terms of the agreement were deemed fair and reasonable, covering the appropriate bargaining units and addressing relevant industrial issues. The court concluded that approving the agreement was in the interests of industrial fairness and would not undermine the principles of the Act. Consequently, the court granted the union's application for approval of the Fire Protection Agreement Victoria 2020-2023.

The final orders of the court included the approval of the Fire Protection Agreement Victoria 2020-2023, effective from the date of the judgment. The agreement was to be registered with the Fair Work Commission, and the parties were directed to adhere to its terms and conditions. The court's approval ensured that the agreement would operate within the legal framework provided by the Fair Work Act, providing a basis for industrial relations in 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