DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3977)

ADVANCE FIRE TECHNOLOGY PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MARCH 2021

Application for approval of the Advance Fire Technology 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 Advance Fire Technology 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. 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 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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Advance Fire Technology Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022, which was submitted to the Fair Work Commission. The applicant argued that the agreement met the criteria for approval under the Fair Work Act 2009. The dispute was heard by the Commission, which needed to determine whether the agreement complied with the legislative requirements and was in the interests of the employees covered by it.

The primary legal issue before the Commission was whether the collective agreement fulfilled the criteria for approval as outlined in section 233 of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it facilitated efficient workplace relations, and whether it was in the interests of the employees. Additionally, the Commission had to consider whether the agreement was consistent with the Fair Work Act's objectives of promoting cooperative and productive workplace relations.

The Fair Work Commission found that the collective agreement met the legislative criteria for approval. The agreement contained provisions that addressed the terms and conditions of employment, including wages, hours of work, and leave entitlements. It also included provisions for dispute resolution, which the Commission considered to be fair and reasonable. Furthermore, the Commission determined that the agreement would facilitate efficient workplace relations and was in the interests of the employees covered by it. The Commission also noted that the agreement aligned with the objectives of the Fair Work Act, promoting cooperative and productive workplace relations.

The Fair Work Commission approved the collective agreement, subject to certain conditions. These conditions included the requirement that the agreement be registered with the Commission and that any variations to the agreement be also approved by the Commission. The Commission also imposed a condition that required the applicant to provide certain information to the Commission within specified timeframes. The Commission's decision was based on its finding that the collective agreement met the criteria for approval and was in the interests of the employees covered by it.

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