DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/368)

MODERN FIRE PROTECTION (VIC) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2021

Application for approval of the Modern Fire Protection (Vic) 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 Modern Fire Protection (Vic) 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.

[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 25 February 2021 and, in accordance with s 54, will operate from 4 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 dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Modern Fire Protection (Vic) Pty Ltd. The matter before the Fair Work Commission was an application for the approval of the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009 and whether it was consistent with the Fair Work principles.

The court examined the agreement to ensure it complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining, coverage, and the content of the agreement. The court also considered whether the agreement was consistent with the Fair Work principles, which include promoting economic prosperity, full employment, and the improvement of living standards. The court found that the agreement met the requirements of the Fair Work Act and was consistent with the Fair Work principles. The agreement provided for the rights and obligations of the parties, including the terms and conditions of employment, and provided for the resolution of disputes between the parties.

The court approved the agreement, subject to certain conditions, including the requirement that the parties notify the Fair Work Commission of any changes to the agreement. The court found that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement and promoted the Fair Work principles. The court considered the agreement to be in the best interests of the employees and the employer, and approved it accordingly. The court's decision was based on a detailed analysis of the agreement and the relevant provisions of the Fair Work Act. The court found that the agreement was consistent with the Fair Work principles and met the requirements of the Act. The court's approval of the agreement provides certainty for the parties and ensures that the employees are protected by fair and reasonable terms and conditions of employment.

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