DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4144)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MARCH 2021

Application for approval of the Bayside Fire Protection Geelong 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 Bayside Fire Protection Geelong 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. 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.

[2] 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.

[3] The Agreement was approved on 19 March 2021 and, in accordance with s 54, will operate from 26 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU – Plumbing Division (Vic) and Bayside Fire Protection Geelong Pty Ltd. The dispute centred around the approval of the Bayside Fire Protection Geelong Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement in question met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the requirements of section 235 of the Act, which includes considerations of the agreement's fairness, the processes followed in its creation, and its alignment with the objectives of the Act.

In delivering its decision, the Fair Work Commission emphasised the importance of fair and efficient processes in the creation of enterprise agreements. The Commission found that the agreement had been made in good faith and followed the necessary procedures. It also considered the agreement to be fair and balanced, taking into account the interests of both employers and employees. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements.

The Fair Work Commission's decision resulted in the approval of the Bayside Fire Protection Geelong Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. This outcome ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment within the specified period.

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