DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4133)

SKILLED FIRE PROTECTION 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 Skilled Fire Protection 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 Skilled Fire Protection 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. 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.

[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 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

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, along with the Electrical Trades Union of Australia, sought approval of the Skilled Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The dispute centred on whether the terms of the agreement were fair and reasonable for the purposes of the Fair Work Act 2009. The decision was handed down in the Fair Work Commission.

The primary legal issue was whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was required to consider the fairness and reasonableness of the agreement, including its impact on employees, employers, and the broader industry. The Commission examined the negotiation process, the balance of rights and obligations, and whether the agreement provided for a fair and efficient workplace.

The Fair Work Commission approved the agreement, finding that it met the statutory requirements for fairness and reasonableness. The Commission noted that the agreement was the result of extensive negotiations between the parties, and that it provided for a balanced and fair set of terms. The agreement was found to promote industrial peace and stability, while also providing for the efficient operation of workplaces. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

No further orders were made by the Commission. The agreement was approved and is now in force for the duration specified.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established