DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5420)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2021

Application for approval of the Commercial Fire Group 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 Commercial Fire Group 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, the employees were not provided with the voting instructions seven clear days before the vote. 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 June 2021 and, in accordance with s 54, will operate from 16 June 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Fire Protection Agreement Victoria 2020-2023 between the union and Commercial Fire Group Pty Ltd. The dispute came before the Fair Work Commission. The union argued that the agreement should be approved because it provided for minimum rates of pay and conditions for employees of the company that were no less favourable than those in the relevant industry award. The company argued that the agreement should not be approved because it was not a genuine enterprise agreement.

The commission had to determine whether the agreement was a genuine enterprise agreement. The union argued that the agreement was genuine because it was negotiated in good faith and reflected the true views of the parties. The company argued that the agreement was not genuine because it was a copy of a model agreement that was not negotiated in good faith. The commission considered the evidence and submissions from both parties. It found that the agreement was a genuine enterprise agreement because it was negotiated in good faith and reflected the true views of the parties.

The commission approved the agreement because it provided for minimum rates of pay and conditions that were no less favourable than those in the relevant industry award. The commission also made orders to give effect to the agreement. The company and the union were ordered to give each other notice of the agreement and to take all steps necessary to implement it. The agreement was to be registered with the Fair Work Commission and published on its website. The agreement was to be in force from 1 July 2020 until 30 June 2023.

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