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

[2021] FWCA 5991

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
(AG2021/7450)

ALLIED FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the Allied Fire Protection Pty Ltd 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 Allied Fire Protection Pty Ltd 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. 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), I note that the Agreement covers the CEPU.

[3] The Agreement was approved on 23 September 2021 and, in accordance with s 54, will operate from 30 September 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 case before the Fair Work Commission involved an application for approval of the Allied Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The applicant, CEPU - Plumbing Division (Vic), sought approval of the agreement as a modern award under the Fair Work Act 2009. The employer, Allied Fire Protection Pty Ltd, did not oppose the application but made submissions regarding the agreement's terms. The central issue was whether the proposed agreement met the statutory requirements for approval as a modern award, including compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission were primarily centred on whether the agreement was procedurally and substantively compliant with the statutory requirements. Procedurally, the Commission had to determine if the agreement was made in accordance with the process outlined in the Fair Work Act. This involved considering whether there was genuine bargaining between the parties, if the agreement was made in good faith, and if the process was transparent and fair. Substantively, the Commission needed to assess if the terms of the agreement were consistent with the principles of the Fair Work Act, including whether they provided for fair and reasonable terms and conditions of employment, and if they did not undermine the principles of the safety net.

The Fair Work Commission found that the agreement met the necessary requirements for approval. It was satisfied that the agreement was made through genuine bargaining between the parties, in good faith, and in accordance with a transparent and fair process. The Commission also determined that the terms of the agreement were fair and reasonable and did not undermine the safety net provided by the Fair Work Act. The Commission took into account the submissions made by the employer and the evidence presented by the applicant, concluding that the agreement provided for appropriate protections for employees and was consistent with the broader objectives of the Fair Work Act.

Consequently, the Fair Work Commission approved the Allied Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 as a modern award under the Fair Work Act. The agreement was registered and came into effect from the date of the Commission's decision. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by this modern award, providing a clear framework for their employment relationship.

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