DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4363)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the Defence 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 Defence 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] 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 31 March 2021 and, in accordance with s 54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with assessing an application for the approval of a Fire Protection Agreement between Defence Fire Protection Pty Ltd and the CEPU-Plumbing Division (Vic) for the period 2020-2023. The dispute centred on whether the proposed agreement adequately complied with the Fair Work Act 2009, particularly in terms of its provisions on pay rates and conditions.

The legal issues before the Commission involved a detailed examination of the agreement's provisions against the statutory requirements for enterprise agreements under the Fair Work Act. Key issues included the calculation of pay rates, classification of employees, and the incorporation of specific terms and conditions. The Commission needed to determine if the agreement met the necessary standards for approval, including whether it provided for a fair and reasonable set of terms and conditions.

In delivering its decision, the Commission considered various submissions from both parties. It assessed the agreement against the criteria outlined in the Fair Work Act, ensuring that it provided for the proper classification of employees and fair pay rates. The Commission also examined whether the agreement addressed the essential terms of employment in a manner that was just and equitable. Ultimately, the Commission found that the agreement met the necessary requirements and approved it, noting that it provided for a fair and reasonable set of terms and conditions for the employees involved. This decision ensures that the agreement will be implemented as a lawful enterprise agreement.

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