DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5206)

JETFIRE 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 Jetfire 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 Jetfire 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 CEPU.

[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 parties involved in the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Jetfire Fire Protection Pty Ltd. The union sought approval of a proposed agreement between the union and the company for the period 2020-2023, specifically for the Plumbing Division in Victoria. The matter was heard in the Fair Work Commission. The primary legal issues that the court needed to address were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for a modern award under the Act.

The court examined the provisions of the proposed agreement and considered whether it adhered to the provisions of the Fair Work Act, including the requirement for the agreement to provide for fair and reasonable terms and conditions. The court also assessed whether the agreement met the standards for a modern award, such as whether it provided for minimum rates of pay and conditions that were no less favourable than the applicable award. The court found that the proposed agreement met the requirements of the Act and was in line with the standards for a modern award. The court approved the agreement, finding that it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The court's decision was based on a detailed analysis of the proposed agreement and its compliance with the Fair Work Act. The court found that the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable award, and that it met the standards for a modern award. The court also found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. The court approved the agreement, subject to certain conditions that were designed to ensure that the agreement continued to meet the requirements of the Act. This decision provides guidance to employers and unions on the requirements for approving enterprise agreements under the Fair Work Act.

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