DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6221)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2021

Application for approval of the Taylor 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 Taylor 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] While the application is generally in order, not all employees were 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 26 July 2021 and, in accordance with s 54, will operate from 2 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 for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Taylor Fire Protection Pty Ltd, effective from 2020 to 2023. The Union sought the endorsement of the agreement, which detailed terms and conditions for employees in the plumbing division of the company. The company argued that the agreement was necessary to ensure competitiveness and operational efficiency.

The key legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was free from any improper conduct, and if it complied with the "better off overall test." This test required that employees be no worse off financially and have at least maintained their existing entitlements, or be better off overall than under their previous conditions.

In assessing the application, the Fair Work Commission examined the evidence presented by both parties, focusing on the bargaining processes, the terms of the agreement, and its potential impact on employees. The Commission found that the agreement was the result of genuine negotiations between the parties and did not contain any improper conduct. Furthermore, the Commission determined that the agreement satisfied the better off overall test, as it provided employees with a range of benefits that improved their overall financial and non-financial conditions. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's decision was to grant approval of the Taylor Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, affirming that it met all statutory requirements and would serve the interests of both the employer and the 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