DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4185)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2021

Application for approval of the ARA Fire Protection 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 has made an application for approval of an enterprise agreement known as the ARA Fire Protection 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] 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). Further, I am satisfied 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 18 March 2021 and, in accordance with s 54, will operate from 25 March 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

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU) to have the ARA Fire Protection Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 approved. The agreement was between the union and the employer, which aimed to regulate the employment terms and conditions of certain workers in the fire protection services industry in Victoria. The dispute centred on the legality and fairness of the agreement under the Fair Work Act 2009.

The central legal issues that the court had to address were whether the agreement met the procedural and substantive requirements of the Fair Work Act. Procedurally, the court had to examine if the agreement was made in good faith and if it complied with the necessary procedural steps. Substantively, the court needed to determine if the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination, and whether it was made in a manner that was fair and reasonable.

The court held that the agreement was valid and met the requirements under the Fair Work Act. The court found that the agreement was made in good faith and followed the necessary procedural steps, including providing the required notices and opportunities for consultation. The court also found that the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination and that the agreement was fair and reasonable. The court emphasised the importance of protecting the rights of employees and ensuring that agreements were made in a manner that was fair and reasonable.

The court approved the agreement, and it became a registered agreement under the Fair Work Act. The agreement will now regulate the employment terms and conditions of certain workers in the fire protection services industry in Victoria for the period of 2020-2023. The decision provides clarity on the requirements for approving agreements under the Fair Work Act and reinforces the importance of protecting the rights of employees in the workplace.

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