DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6413)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2021

Application for approval of the Australia Wide Fire Services 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 Australia Wide Fire Services 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] While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] The Agreement was approved on 4 August 2021 and, in accordance with s 54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of an enterprise agreement. The agreement in question was the Australia Wide Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The court had to examine the procedural fairness and the compliance of the agreement with relevant industrial laws.

The primary legal issues revolved around the procedural fairness of the bargaining process and the substantive fairness of the agreement's provisions. The Union argued that the agreement had been negotiated in good faith and represented the best possible terms under the circumstances. Conversely, the employer contested the fairness and enforceability of certain clauses. The court needed to determine if the bargaining process was conducted appropriately and whether the agreement contained provisions that were contrary to public policy or unfair in nature.

The Fair Work Commission assessed the evidence presented by both parties and considered the principles of procedural and substantive fairness. The court found that the bargaining process had been conducted in good faith and that the agreement did not contain any provisions that were contrary to public policy or unfair. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both parties. The decision underscored the importance of ensuring that enterprise agreements are negotiated in good faith and reflect the best possible terms under the circumstances.

The final orders of the Commission included the approval of the Australia Wide Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, with certain conditions to ensure its compliance with the Fair Work Act 2009. The Commission directed that the agreement be registered with the Fair Work Commission and that the parties adhere to its terms. This decision affirmed the role of the Fair Work Commission in overseeing the approval of enterprise agreements and ensuring that they meet the necessary legal standards.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established