DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6225)

PRECISION 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 Precision 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 Precision 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 parties in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Precision Fire Protection Pty Ltd. The dispute is an application for approval of an enterprise agreement between the Union and Precision Fire Protection Pty Ltd. The case was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement should be approved and registered, given that it complied with the formal requirements of the Fair Work Act 2009 and did not disadvantage employees in comparison to the applicable award. The Union argued that the agreement was in the best interests of the employees, while Precision Fire Protection Pty Ltd supported the application, asserting that the agreement was fair and reasonable.

The Fair Work Commission considered whether the enterprise agreement complied with the relevant sections of the Fair Work Act. The Commission noted that the agreement was made in good faith and that it contained all the required provisions. The Union did not raise any substantive objections to the agreement, and the Commission found that the agreement did not disadvantage employees in comparison to the applicable award. The Commission also considered the evidence presented by Precision Fire Protection Pty Ltd, which demonstrated that the agreement was fair and reasonable. Based on these findings, the Commission approved and registered the agreement.

In light of the approval, the Fair Work Commission made orders under section 237 of the Fair Work Act, ensuring that the Precision Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 would be registered and enforceable from the date of the decision. This decision effectively formalised the terms of the agreement and provided legal certainty to both the Union and Precision Fire Protection Pty Ltd, as well as the employees covered by 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