DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3983)

FIRE SERVICES QUEENSLAND PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2021

Application for approval of the Fire Services Queensland Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022.

[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 Fire Services Queensland Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 (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.

[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 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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought approval for the Fire Services Queensland Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022. The union applied for the approval of this agreement under the Fair Work Act 2009, which requires certain agreements to be approved by the Fair Work Commission before they can be registered with the Australian Industrial Relations Commission. The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, particularly regarding its coverage, the process by which it was made, and whether it included the necessary minimum terms and conditions of employment.

The Fair Work Commission considered whether the agreement covered a sufficient proportion of the relevant employees and whether it was made in good faith. The Commission also examined whether the agreement included the minimum terms and conditions set out in the Fair Work Act, such as provisions for wages, hours of work, and other employment conditions. Furthermore, the Commission assessed whether the agreement was made without coercion and whether the process followed was fair and appropriate. After reviewing the application and the submissions made by the union and the employer, the Commission determined that the agreement satisfied the necessary legal requirements.

The Fair Work Commission found that the agreement was made in good faith, covered a sufficient proportion of the relevant employees, and included the minimum terms and conditions as required by the Fair Work Act. The Commission concluded that the agreement met the criteria for approval and did not contain any provisions that were contrary to the public interest. Consequently, the Commission approved the Fire Services Queensland Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022, allowing it to be registered with the Australian Industrial Relations Commission. The union's application was thus successful, and the agreement was approved in accordance with the Fair Work Act.

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