DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4326)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2021

Application for approval of the Paramount 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 Paramount 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, the employees were not provided with the voting instructions seven clear days before the vote. 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 7 April 2021 and, in accordance with s 54, will operate from 14 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a proposed agreement between Paramount Fire Protection Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The union argued that the agreement met the requirements of the Fair Work Act 2009 and would serve the interests of the employees it covered.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act and whether it was in the best interests of the employees it was intended to cover. The Commission had to consider various provisions of the Act, including those relating to the scope of the agreement, the process by which it was made, and the terms and conditions it contained.

After considering the submissions and evidence presented by the parties, the Commission found that the proposed agreement did comply with the statutory requirements of the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and that it contained terms and conditions that were fair and reasonable. The Commission also found that the agreement was in the best interests of the employees it was intended to cover, as it provided for a range of benefits, including improved pay and conditions, and greater job security.

In light of these findings, the Commission approved the proposed agreement, subject to certain conditions. These conditions related to the implementation of the agreement and the reporting requirements under the Fair Work Act. The parties were required to provide regular updates to the Commission on the progress of the agreement's implementation, and to report on any issues or disputes that arose in relation to its operation.

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