DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5080)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MAY 2021

Application for approval of the All Safe 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 All Safe 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] While the application is generally in order, employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. 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 18 May 2021 and, in accordance with s 54, will operate from 25 May 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and All Safe Fire Protection Pty Ltd (All Safe) applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, if approved, would apply to All Safe's employees who are members of the Union. The Union represents employees in the plumbing industry, and All Safe is a company engaged in fire protection services. The application was heard by the Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval. This included assessing whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the employees it covered.

In reaching its decision, the Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement had been made in good faith and contained the required minimum terms and conditions. It was also satisfied that the agreement complied with the relevant provisions of the Fair Work Act and was not likely to have a detrimental effect on the employees it covered. The Commission approved the agreement, finding that it met the necessary criteria for approval.

The Fair Work Commission approved the All Safe Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The decision was made on the basis that the agreement met the statutory requirements for approval under the Fair Work Act, including being made in good faith and containing the required minimum terms and conditions. The Commission was satisfied that the agreement complied with the relevant provisions of the Act and was not likely to have a detrimental effect on the employees it covered.

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