DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5226)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MAY 2021

Application for approval of the Elite 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 Elite 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. 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. 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 organisation.

[3] The Agreement was approved on 26 May 2021 and, in accordance with s 54, will operate from 2 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 case before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Elite Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023. The application was brought under the Fair Work Act 2009, with the union seeking the court's approval for the agreement, which was intended to govern the employment terms of workers within the fire protection industry in Victoria.

The primary legal issue that the court had to resolve was whether the proposed agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary minimum terms and conditions and whether it complied with the provisions of the Act. Additionally, the court had to determine if the agreement was genuinely negotiated and if it provided a fair and reasonable outcome for all parties involved.

In reaching its decision, the court examined the contents of the agreement and considered the submissions made by both the union and the employer. The court determined that the agreement satisfied the minimum terms and conditions set out in the Fair Work Act 2009 and that it had been genuinely negotiated. The court also found that the agreement provided a fair and reasonable outcome for both the union and the employer, taking into account the specific circumstances of the fire protection industry in Victoria. Consequently, the court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act 2009.

As a result of the court's decision, the Elite Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023 was approved and registered under the Fair Work Act 2009. This decision provided certainty and legal recognition to the agreement, ensuring that the terms and conditions outlined within it would govern the employment relationship between the union and the employer 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