DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3940)

RAW RECRUITMENT & SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MARCH 2021

Application for approval of the Raw Recruitment & 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 Raw Recruitment & 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] 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 3 March 2021 and, in accordance with s 54, will operate from 10 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 parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Raw Recruitment & Services Pty Ltd (the Employer). The dispute centred around the Union's application for the approval of the Raw Recruitment & Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2020 - 2023. The Fair Work Commission (the Commission) was tasked with making the decision.

The legal issues that the Commission had to resolve included whether the agreement was consistent with the Fair Work Act 2009 and whether it contained appropriate protections for employees. Specifically, the Commission needed to consider whether the agreement provided fair terms and conditions for the employees covered by it, and whether it complied with the requirements of the Fair Work Act.

In its decision, the Commission found that the agreement was consistent with the Fair Work Act and contained appropriate protections for employees. The Commission noted that the agreement provided for a range of terms and conditions, including minimum rates of pay, leave entitlements, and conditions relating to the use of subcontractors. The Commission also found that the agreement contained appropriate protections for employees, such as provisions relating to redundancy and termination of employment. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

The Commission made an order approving the Raw Recruitment & Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2020 - 2023, subject to certain conditions. These conditions included the requirement that the agreement be registered with the Fair Work Commission and that it be brought into effect on the date of the Commission's decision. The Commission also made an order that the agreement would be registered by the Registrar of the Fair Work Commission and would be deemed to be a registered agreement under 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