DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5182)

PROTECT FIRE SYSTEMS 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 Protect Fire Systems 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 Protect Fire Systems 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 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

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union applied for the approval of the Protect Fire Systems and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023. The application was made under section 197 of the Fair Work Act 2009. The agreement in question was made by the union and the employer on 17 March 2020, and it was intended to govern the employment conditions of union members who are employed in the fire protection industry in Victoria.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act and whether it should be approved. The court had to determine if the agreement was made in good faith and whether it provided for the proper resolution of workplace issues. Additionally, the court had to assess if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The court found that the agreement was made in good faith and that it provided for the proper resolution of workplace issues. The agreement contained provisions for the payment of wages, hours of work, leave, and other employment conditions. The court also found that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. The union and the employer had demonstrated a commitment to resolving workplace issues through negotiation and consultation, and the agreement reflected this commitment.

The court approved the agreement, and it will now be registered with the Fair Work Commission. The agreement will apply to union members employed in the fire protection industry in Victoria from 1 April 2020 to 31 March 2023. The court's approval of the agreement ensures that union members will have access to fair and reasonable employment conditions, and it promotes the resolution of workplace issues through negotiation and consultation.

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