DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6081)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JULY 2021

Application for approval of the Fireshield 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 Fireshield 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] 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. 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.

[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), I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 21 July 2021 and, in accordance with s 54, will operate from 28 July 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 an application for the approval of an industrial agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Fireshield Fire Services Pty Ltd. The dispute was heard by the Fair Work Commission, which is responsible for overseeing and approving such agreements. The union sought to have the Fire Protection Agreement Victoria 2020-2023 approved under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet the requirements of the Act.

The legal issues before the Commission were whether the agreement was in the public interest and whether it complied with the statutory requirements for an enterprise agreement. Specifically, the Commission needed to determine if the agreement contained all the necessary terms and conditions, and if it was fair and reasonable. The Commission also had to consider whether the agreement provided adequate protections for employees and if it was consistent with the principles of the Act.

The Fair Work Commission found that the agreement met the statutory requirements and was in the public interest. The Commission determined that the agreement contained all the necessary terms and conditions and was fair and reasonable. The Commission noted that the agreement provided adequate protections for employees, including provisions for wages, hours of work, and other conditions of employment. The Commission also found that the agreement was consistent with the principles of the Act, including the principle of enterprise bargaining. The Commission approved the agreement, finding that it met the requirements of the Act and was in the public interest.

The Fair Work Commission approved the Fire Protection Agreement Victoria 2020-2023, subject to certain conditions. The Commission imposed conditions on the agreement to ensure that it remained fair and reasonable, and that it continued to provide adequate protections for employees. The Commission also imposed conditions to ensure that the agreement remained consistent with the principles of the Act. The Commission's decision provides guidance to employers and unions on the requirements for an enterprise agreement and the considerations that the Commission will take into account when approving such agreements.

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