DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6405)

KAYCEE FIRE PROTECTION SERVICE 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 Kaycee Fire Protection Service 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 Kaycee Fire Protection Service 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Kaycee Fire Protection Service Pty Ltd (the Employer). The Union applied to the Fair Work Commission for approval of the Kaycee Fire Protection Service Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees covered by the agreement, and whether it met the criteria for approval under the Act.

The primary legal issues before the Commission were whether the agreement met the requirements of section 230 of the Act, which sets out the criteria for the approval of an enterprise agreement, and whether the agreement was "better off overall" for the employees. The Commission also needed to consider whether the agreement provided for a fair and reasonable process for the resolution of disputes between the parties, and whether it contained provisions that were necessary to protect the rights and interests of employees. Additionally, the Commission had to assess whether the agreement complied with any relevant industry awards or other applicable laws.

In determining whether the agreement met the criteria for approval, the Commission considered the evidence and submissions presented by both parties. The Commission found that the agreement provided for a fair and reasonable process for the resolution of disputes, and that it contained provisions that were necessary to protect the rights and interests of employees. The Commission also found that the agreement met the "better off overall" test, as it provided for a number of improvements for employees, including increased wages and better working conditions. The Commission was satisfied that the agreement complied with the relevant provisions of the Act and other applicable laws, and therefore approved the agreement.

The Fair Work Commission approved the Kaycee Fire Protection Service Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, subject to the conditions set out in the order. The agreement will now be registered with the Fair Work Commission and will come into effect on the date specified in the agreement. The parties are bound by the terms of the agreement, and any disputes arising under the agreement will be resolved in accordance with the dispute resolution provisions contained in the agreement.

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