DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5033)

LJC FIRE PROTECTION PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for approval of the LJC Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022.

[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 LJC Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s 54, will operate from 20 May 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the LJC Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022. The dispute arose from the negotiation of a new enterprise agreement between the employer and the union, with the union seeking to have the agreement recognised and approved by the Commission. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Act, and whether it contained provisions that were contrary to public policy or not genuinely agreed upon by the parties. The Commission examined the bargaining process, the nature of the agreement's provisions, and whether any provisions were unduly prejudicial to employees or the employer.

After considering the evidence and submissions from both parties, the Commission found that the agreement was the product of genuine bargaining and met all procedural requirements for approval. The Commission noted that while some provisions were contentious, they did not contravene public policy or demonstrate any lack of genuine agreement. The Commission concluded that the agreement should be approved, as it balanced the interests of both the employer and the employees and was consistent with the principles of the Act.

The Fair Work Commission approved the LJC Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022, recognising it as a registered agreement under the Fair Work Act 2009. The Commission's decision provided clarity on the approval process for enterprise agreements and reinforced the importance of genuine bargaining in the workplace.

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