DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4688)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2021

Application for approval of the IQ Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the IQ Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Notice of Employee Representational Rights (NERR) includes the date the document was given to employees. This raises the issue that the NERR is not in its prescribed form as required by s.174(1A) of the Act. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter involved an application for the approval of an industrial agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and IQ Fire Pty Ltd, covering the period 2020 to 2023. The application was heard in the Fair Work Commission, which is responsible for the approval and enforcement of such agreements under the Fair Work Act 2009. The union and the employer sought to have their agreement, which outlines terms and conditions of employment for employees in the fire protection industry in Victoria, recognised and approved by the Commission.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and if it was in the best interests of the employees it sought to cover. This involved assessing whether the agreement provided for a safety net of minimum wages and conditions, allowed for genuine collective bargaining, and was not contrary to public policy. Additionally, the Commission had to determine if the agreement was made in good faith and without any coercion, as these are prerequisites for its approval.

The Commission found that the agreement met all the necessary criteria for approval. It provided for a comprehensive set of minimum terms and conditions, which were above the safety net provided by the relevant awards. The Commission was satisfied that the agreement was the product of genuine collective bargaining, as both parties had negotiated in good faith and without any undue influence or coercion. The agreement was deemed to be in the best interests of the employees, as it provided them with clear and fair terms of employment. Therefore, the Commission approved the agreement, recognising it as a valid and enforceable instrument under the Fair Work Act.

The final orders of the Commission included the approval of the IQ Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, which will now govern the employment conditions for the employees within the specified scope. The agreement will be registered with the Commission and will be enforceable as a registered agreement under the Fair Work Act. The parties were directed to provide a copy of the approved agreement to the Commission and to take any necessary steps to give effect to its terms.

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