DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/285)

SRD FIRE PROTECTION PTY LTD 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 SRD Fire Protection 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 SRD Fire Protection 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 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a proposed agreement between the SRD Fire Protection Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The union argued that the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The company opposed the application, arguing that the agreement did not meet the criteria for approval.

The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. The commission considered the parties' submissions and evidence, including the agreement's provisions and the parties' bargaining positions. The commission also considered the potential impact of the agreement on employees and the broader community.

The Fair Work Commission found that the proposed agreement met the criteria for approval. The commission found that the agreement provided for fair and reasonable terms and conditions for employees, and that the parties had genuinely attempted to negotiate in good faith. The commission also found that the agreement would not have an adverse effect on the broader community. The commission approved the agreement, subject to certain conditions.

The Fair Work Commission approved the SRD Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, subject to certain conditions. The commission's decision provides guidance on the criteria for approving enterprise agreements under the Fair Work Act. The decision also highlights the importance of genuine negotiation and the potential impact of agreements on employees and the broader community.

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