DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5594)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2021

Application for approval of the Sentry 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 Sentry 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] 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 June 2021 and, in accordance with s 54, will operate from 25 June 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 matter before the Fair Work Commission was an application for the approval of a new enterprise agreement between Sentry Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU - Plumbing Division (Vic). The dispute centred around the terms and conditions of employment outlined in the proposed agreement for the period 2020 to 2023. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including whether it was genuinely negotiated, contained no unfair content, and was certified by a relevant independent person. The Commission also had to consider whether the agreement met the public interest test and did not unduly harm the employees’ capacity to protect their health, safety and welfare.

The Commission found that the proposed agreement was genuinely negotiated and contained no unfair content. It also concluded that the agreement met the public interest test and did not unduly harm the employees’ capacity to protect their health, safety and welfare. The Commission certified the agreement as meeting the requirements of the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Sentry Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023. The approved agreement will now form the basis of the employment conditions for the relevant employees for the specified period.

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