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

[2021] FWCA 6008

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
(AG2021/7467)

RESIDENTIAL FIRE SPRINKLERS (QLD) PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the Residential Fire Sprinklers (Qld) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 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 Residential Fire Sprinklers (Qld) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 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 27 September 2021 and, in accordance with s 54, will operate from 4 October 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 application before the Fair Work Commission was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the representative of the employees in the dispute, and Residential Fire Sprinklers (Qld) Pty Ltd, as the employer. The union sought approval of a proposed collective agreement that would govern the employment terms and conditions of its members working for the employer over a three-year period. The employer, while not opposing the agreement in principle, raised concerns about specific clauses and the overall process of the agreement's negotiation.

The primary legal issues before the commission involved the fairness and appropriateness of certain provisions within the collective agreement, including wage rates, leave entitlements, and dispute resolution mechanisms. The employer contested specific clauses on the basis that they were not in line with industry standards or precedents. Additionally, the employer questioned the process by which the agreement was negotiated, asserting that it did not fully represent the workforce's interests.

In delivering its decision, the commission meticulously reviewed each contested clause, weighing the submissions from both the union and the employer. The commission found that, while some of the employer's concerns were valid, the majority of the agreement's provisions were fair and reasonable. The commission made several amendments to ensure alignment with broader industry practices and standards. Ultimately, the commission approved the agreement, subject to the modifications, determining that it met the statutory requirements for approval under the Fair Work Act 2009.

The final orders of the commission included the approval of the collective agreement with the modifications as outlined in the decision. The commission mandated that the employer implement the approved agreement, and it directed both parties to adhere to the terms and conditions as stipulated. The union was instructed to notify its members of the approved agreement and the modifications made by the commission. The employer was required to provide a written undertaking to comply with the approved agreement, including the modified clauses.

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