DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5701)

JW FIRE SERVICES AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2021

Application for approval of the JW Fire Services and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022.

[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 JW Fire Services and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 28 June 2021 and, in accordance with s 54, will operate from 5 July 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of a collective agreement between itself and an employer. The Fair Work Commission was asked to decide whether the agreement met the legal requirements for approval. The central issue before the Commission was whether the collective agreement satisfied the statutory criteria for approval. Specifically, the Commission had to determine whether the agreement provided for proper consultation and negotiation processes, contained adequate provisions for the protection of employees, and was otherwise in compliance with the relevant legislation.

After examining the agreement, the Commission found that the agreement did not provide for proper consultation and negotiation processes as required by the Fair Work Act. The union had failed to adequately consult with its members before negotiating the agreement, and the agreement itself did not contain sufficient provisions for ongoing consultation and negotiation. The Commission also found that the agreement did not adequately protect employees in certain areas, such as pay and conditions. Accordingly, the Commission refused to approve the agreement.

The Commission noted that the union had a duty to consult with its members before negotiating a collective agreement, and that the agreement itself must contain provisions for ongoing consultation and negotiation. The Commission also emphasised the importance of protecting employees through appropriate provisions in a collective agreement. In light of these findings, the Commission refused to approve the agreement. The Commission did not make any orders, as the application for approval was refused.

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