DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4120)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2021

Application for approval of the Alfie Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 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 Alfie Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 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 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 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Alfie Fire Services Pty Ltd (the Employer). The Union sought approval of the Fire Protection Agreement 2020-2023 between the Union and the Employer's Plumbing Division in Victoria. The matter was heard in the Fair Work Commission (the Commission).

The legal issues before the Commission were whether the Agreement was in the best interests of the employees, whether it met the requirements of the Fair Work Act 2009 (Cth), and whether the Union had appropriately certified the Agreement. The Union argued that the Agreement was in the best interests of the employees, provided procedural fairness, and complied with the relevant legislative requirements. The Employer argued that the Agreement was not in the best interests of the employees and that the Union had not properly certified the Agreement.

The Commission found that the Agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The Commission noted that the Agreement provided for a 2.5% increase in wages and entitlements over the three-year period, which was a reasonable outcome given the current economic climate. The Commission also found that the Union had appropriately certified the Agreement, as it had followed the necessary procedures and provided the required information to the employees. The Commission approved the Agreement, finding that it was in the best interests of the employees and met the requirements of the Fair Work Act.

The Commission's decision was that the Fire Protection Agreement 2020-2023 between the Union and the Employer's Plumbing Division in Victoria was approved. The Agreement provides for a 2.5% increase in wages and entitlements over the three-year period and was found to be in the best interests of the employees. The Union had appropriately certified the Agreement, and the Commission was satisfied that it met the requirements of the Fair Work Act. The Employer and the Union were directed to give effect to the approved 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