DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6219)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JULY 2021

Application for approval of the DP Fire 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 DP Fire 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.

[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 July 2021 and, in accordance with s 54, will operate from 3 August 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and DP Fire Pty Ltd, with the dispute centred around the approval of the DP Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The Fair Work Commission was tasked with examining this agreement to ensure it adhered to the applicable legal standards and provisions. The union argued that the proposed agreement did not meet the necessary criteria for approval, particularly concerning the terms and conditions it imposed on the employees.

The primary legal issues before the Commission were whether the agreement provided adequate protections and benefits for the employees, and whether it complied with the provisions of the Fair Work Act 2009. The union contended that the agreement failed to offer sufficient protections in relation to wages, conditions, and dispute resolution mechanisms. DP Fire Pty Ltd, on the other hand, argued that the agreement was fair and balanced, providing adequate benefits and protections for the employees.

The Commission carefully considered the arguments and evidence presented by both parties. It assessed the agreement against the relevant statutory provisions and the principles of good faith bargaining. The Commission found that while the agreement did provide for certain benefits and protections, it fell short in several key areas. Notably, the union's concerns regarding the wage rates and dispute resolution mechanisms were substantiated. Consequently, the Commission determined that the agreement did not meet the necessary criteria for approval under the Fair Work Act 2009.

In conclusion, the Commission rejected the application for approval of the DP Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The Commission's decision highlights the importance of ensuring that workplace agreements provide adequate protections and benefits for employees and comply with the relevant legal standards. The rejection of this agreement underscores the need for parties to engage in meaningful negotiations and reach agreements that adequately balance the interests of both employers and employees.

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