DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5203)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2021

Application for approval of the Fireline 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 Fireline 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.

[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 21 May 2021 and, in accordance with s 54, will operate from 28 May 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 Fair Work Commission involved an application for the approval of the Fireline Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it contained the necessary minimum terms and conditions.

The court examined the process by which the agreement was negotiated and the extent to which it was representative of the relevant workforce. It also considered whether the agreement contained all the mandatory minimum terms and conditions set out in the Fair Work Act. The court found that the agreement was genuinely negotiated and reflected the views of the majority of the workforce. It also found that the agreement contained all the necessary minimum terms and conditions, including those relating to pay and conditions, dispute resolution, and other employment-related matters.

As a result, the court approved the agreement, finding that it met the requirements for approval under the Fair Work Act. The court noted that the agreement provided a fair and reasonable framework for the employment of workers in the industry, and that it was in the best interests of both employers and employees. The court's decision was based on a careful analysis of the evidence and the relevant legal provisions. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

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