DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4047)

ENTIRE FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2020 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2021

Application for approval of the Entire Fire Protection 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 Entire Fire Protection 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. 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.

[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. The Agreement was approved on 11 March 2021 and, in accordance with s 54, will operate from 18 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 matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Entire Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) - Plumbing Division (Vic). The dispute centred on whether the proposed agreement complied with the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining the validity and fairness of the agreement in question.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory criteria for approval as outlined in the Fair Work Act. Specifically, the Commission had to assess if the agreement had been negotiated in good faith, if it contained the necessary minimum terms and conditions, and whether it complied with procedural requirements. The union argued that the agreement was fair and had been negotiated appropriately, while the employer contended that certain clauses did not comply with the legislative requirements.

In its reasoning, the Commission found that the agreement was generally in compliance with the statutory provisions for enterprise agreements. The Commission considered the process of negotiation, the content of the agreement, and the procedural fairness. The Commission found that while there were some procedural shortcomings, these did not undermine the overall fairness of the agreement. The Commission noted that the agreement provided for adequate protections and benefits for employees, and it concluded that the benefits of approving the agreement outweighed the procedural issues. Consequently, the Commission approved the agreement subject to minor modifications to address the procedural concerns raised.

The final orders of the Commission were that the enterprise agreement between Entire Fire Protection Pty Ltd and the CEPU - Plumbing Division (Vic) be approved with modifications to ensure full compliance with the Fair Work Act. The modifications were minor and primarily related to ensuring that the agreement had been properly negotiated and that all procedural requirements had been met.

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