DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/313)

TSR SERVICES AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020–2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2021

Application for approval of the TSR Services 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 has made an application for approval of an enterprise agreement known as the TSR Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 24 February 2021 and, in accordance with s 54, will operate from 3 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 case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and TSR Services, for the approval of the Fire Protection Agreement Victoria 2020–2023. The agreement aimed to regulate the employment terms and conditions of fire protection service employees within the plumbing division in Victoria over the specified period. The application was brought under the Fair Work Act 2009, which governs workplace relations and provides mechanisms for the registration of enterprise agreements.

The primary legal issues that the Commission needed to address included whether the agreement met the necessary criteria for approval as stipulated by the Fair Work Act. This involved assessing whether the agreement was made in good faith, whether it included provisions for minimum wages and conditions, and if it appropriately addressed the bargaining needs of the parties involved. The Commission also needed to consider if the agreement was fair and whether it was made without any improper influences or coercion.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and concluded that it was made in good faith and without any undue influence. The agreement was found to provide for minimum wages and conditions that complied with the legislative requirements. Additionally, the Commission determined that the agreement appropriately reflected the bargaining needs of both parties, and was fair and reasonable. Consequently, the Fair Work Commission approved the Fire Protection Agreement Victoria 2020–2023, thereby enabling it to be registered and enforced as a legally binding enterprise agreement.

The final orders of the Commission included the approval and registration of the Fire Protection Agreement Victoria 2020–2023, allowing it to come into effect as per the terms specified within the agreement. The Commission directed that the agreement be lodged with the Fair Work Commission for record-keeping and future reference. This decision ensured that the agreement would govern the employment conditions of fire protection service employees in the plumbing division in Victoria for the stipulated period, providing clarity and legal certainty to the parties involved.

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