DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4246)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2021

Application for approval of the Alltek Fire Services 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 Alltek Fire Services 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 23 March 2021 and, in accordance with s 54, will operate from 30 March 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 this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) made an application to the Fair Work Commission for approval of the Alltek Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023. The agreement was intended to cover employees of Alltek who are members of the Union. The dispute centred on whether the agreement met the legal criteria for approval, including its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the court were whether the agreement provided for the proper registration of members, whether it was in writing and signed by authorised representatives, and whether it contained all the prescribed terms as required by the Fair Work Act. The Union argued that the agreement was comprehensive and compliant with the legislative requirements, while Alltek contended that certain aspects of the agreement did not meet the statutory criteria.

The Fair Work Commission examined the agreement clause by clause, considering its alignment with the statutory provisions. The Commission found that the agreement was properly executed and contained all the required terms. It was noted that the agreement was in writing and had been signed by authorised representatives of both parties. The Commission concluded that the agreement met all the criteria for approval and did not contain any provisions that would render it invalid. The decision was based on a detailed analysis of the agreement's content and its compliance with the relevant legislative framework.

As a result, the Fair Work Commission approved the Alltek Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023. The agreement was deemed to be valid and enforceable, providing a framework for the employment conditions of the covered employees for the specified period. The decision was final, and no further appeals were permitted.

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