DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3980)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2021

Application for approval of the Auscoast Fire Services 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 Auscoast Fire Services 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. 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.

[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.

[3] The Agreement was approved on 9 March 2021 and, in accordance with s 54, will operate from 16 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Auscoast Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The application for approval was contested by the employer, who argued that the agreement contained provisions that were not reasonably required to facilitate the operation of a business and that it failed to provide for the fair and efficient operation of the business. The employer also contended that the agreement did not provide for the flexible operation of the business and that it contained provisions that were contrary to the public interest. The union argued that the agreement was necessary to protect the rights and interests of its members and that it provided for the fair and efficient operation of the business.

The Commission considered whether the agreement facilitated the operation of a business, provided for the fair and efficient operation of the business, provided for the flexible operation of the business and was contrary to the public interest. The Commission found that the agreement contained provisions that were not reasonably required to facilitate the operation of a business, including provisions that related to the union's political activities. However, the Commission also found that the agreement provided for the fair and efficient operation of the business and that it did not contain provisions that were contrary to the public interest. The Commission concluded that the agreement facilitated the operation of a business and that it did not provide for the flexible operation of the business. The Commission approved the agreement subject to certain modifications to remove the provisions that were not reasonably required to facilitate the operation of a business.

The Commission ordered that the agreement be approved subject to the removal of certain provisions. The employer was directed to provide a copy of the modified agreement to the union and to give notice of the approval to all employees covered by the agreement. The union was directed to give notice of the approval to its members and to take all necessary steps to ensure that the modified agreement was brought into operation. The parties were directed to cooperate with each other to give effect to the directions of the Commission.

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