DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5228)

ALERT 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 Alert 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 Alert 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] 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 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

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, and Alert Fire Systems Pty Ltd. The union sought approval for an enterprise agreement concerning the Fire Protection Agreement Victoria 2020-2023. The primary dispute centred around the validity and enforceability of certain provisions within the proposed agreement. The case was heard by the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009, responsible for resolving workplace disputes and overseeing the enforcement of workplace laws in Australia.

The central legal issues the Commission had to address included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act and the Fair Work Regulations, and if the proposed agreement met the criteria for being a "single, clear and complete" document. Additionally, the Commission needed to determine if the agreement's terms were consistent with the provisions of the Fair Work Act, including whether it provided for a fair and reasonable outcome for employees and employers. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the "better off overall test," which requires that employees be no worse off financially than they would be under their existing conditions of employment.

The Fair Work Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act and the Fair Work Regulations. The Commission determined that the agreement was a single, clear and complete document, meeting the necessary criteria. Furthermore, the Commission concluded that the terms of the agreement were consistent with the provisions of the Fair Work Act and provided for a fair and reasonable outcome for both employees and employers. The Commission also found that the agreement was in the best interests of the employees, as it was better off overall financially compared to their existing conditions. Consequently, the Commission approved the Fire Protection Agreement Victoria 2020-2023, making it a legally binding enterprise agreement between the parties.

As a result of the Commission's decision, the Fire Protection Agreement Victoria 2020-2023 was approved and is now a legally binding enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Alert Fire Systems Pty Ltd. The agreement will govern the terms and conditions of employment for the union members covered by the agreement for the duration of the agreement, which is from 2020 to 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