DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4886)

EAST COAST FIRE PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2021

Application for approval of the East Coast Fire 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 East Coast Fire 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). 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 6 May 2021 and, in accordance with s 54, will operate from 13 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 Australian Industrial Relations Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and East Coast Fire Pty Ltd, regarding the approval of a collective agreement for the CEPU Plumbing Division Fire Services Union for the years 2019 to 2022. The union sought the Commission's approval of the agreement to ensure it met the necessary criteria under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for approval and if it appropriately balanced the interests of both the employer and employees.

The primary legal issue the Commission had to address was whether the collective agreement fulfilled the criteria for approval, particularly focusing on whether it was in the best interests of the employees it covered. This involved examining if the agreement was made in good faith and if it appropriately addressed the terms and conditions of employment, including wages, hours of work, and other employment-related matters. Additionally, the Commission had to assess if the agreement provided for the resolution of any disputes that might arise between the union and the employer.

The Commission determined that the collective agreement met the necessary requirements for approval. The agreement was found to have been made in good faith and was deemed to be in the best interests of the employees. The Commission was satisfied that the agreement appropriately addressed the terms and conditions of employment and provided for the resolution of disputes. Therefore, the Commission approved the collective agreement, confirming that it complied with the statutory provisions and appropriately balanced the interests of both parties.

Consequently, the Commission approved the East Coast Fire Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The approval ensured that the agreement would govern the employment terms and conditions of the union members during the specified period, providing a legally binding framework for both the union and the employer to follow.

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