DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/317)

ESSENTIAL FIRE SAFETY SERVICES 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 Essential Fire Safety Services 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 Essential Fire Safety Services 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 lodged an application for approval of the Essential Fire Safety Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023. The applicant union sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements for registration and whether it was a genuine enterprise agreement. The Commission considered the statutory requirements for registration and whether the agreement had been made in good faith and covered all relevant employees.

The Commission noted that the agreement had been made in accordance with the relevant provisions of the Fair Work Act and was a genuine enterprise agreement. It was satisfied that the agreement had been made in good faith and that it covered all relevant employees. The Commission was also satisfied that the agreement contained the necessary provisions to be registered and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement as a registered agreement.

The Commission ordered that the agreement be registered as a registered agreement under the Fair Work Act. The agreement was to be registered from the date of the decision. The Commission also ordered that a copy of the decision be provided to the parties and that the applicant union lodge the necessary documents with the Australian Industrial Registry within 14 days of the decision.

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