DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5520)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2021

Application for approval of the Domestic Fire Sprinklers 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 Domestic Fire Sprinklers 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 17 June 2021 and, in accordance with s 54, will operate from 24 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of the Domestic Fire Sprinklers Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement). This case was heard by Deputy President P.C. O'Callaghan and involved an assessment of the Agreement's compliance with the relevant legislative provisions under the Fair Work Act 2009.

The central legal issue before the court was whether the Agreement met the criteria for approval as set out in section 233 of the Fair Work Act. Specifically, the court needed to determine if the Agreement contained the necessary provisions regarding the protection of employees' personal information, and if it complied with the requirements for the protection of workers' rights and interests. Additionally, the court considered whether the Agreement adhered to the principles of good faith bargaining and whether it provided for fair and equitable terms for both parties.

In delivering the decision, Deputy President O'Callaghan found that the Agreement satisfied the legislative requirements for approval. The court held that the Agreement contained adequate provisions for the protection of employees' personal information, as well as provisions that safeguarded the rights and interests of workers. Furthermore, the court determined that the Agreement demonstrated a good faith bargaining process and provided for fair and equitable terms for both the employer and the employees. Consequently, the court approved the Agreement under section 233 of the Fair Work Act.

As a result of the court's decision, the Domestic Fire Sprinklers Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 was approved and registered as a registered agreement under the Fair Work Act. This decision provides certainty to the parties involved and establishes a precedent for similar agreements in the industry.

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