DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/328)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2021

Application for approval of the SDR Fire Solutions 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 SDR Fire Solutions 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. 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.

[2] 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 18 February 2021 and, in accordance with s 54, will operate from 25 February 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with CEPU - Plumbing Division (Vic), to approve the SDR Fire Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The application was brought under section 236 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which aimed to establish terms and conditions for employees within the plumbing sector engaged by SDR Fire Solutions Pty Ltd.

The primary legal issues addressed by the Commission were whether the agreement met the criteria for approval as stipulated by the Fair Work Act, including whether it provided for a safety net of minimum wages and conditions, and whether it was consistent with the objects of the Act. The Commission also considered whether the agreement was consistent with the provisions of the Act, including those concerning the proper negotiation of terms and conditions of employment.

In reaching its decision, the Commission carefully examined the provisions of the agreement, including wage rates, classification of employees, and other employment conditions. The Commission determined that the agreement provided for a safety net of minimum wages and conditions, and was consistent with the objects of the Fair Work Act. The Commission also found that the agreement was properly negotiated and was not inconsistent with any provisions of the Act. The Commission approved the agreement, finding that it met all the necessary criteria for endorsement.

The Fair Work Commission approved the SDR Fire Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, confirming its compliance with the Fair Work Act and its consistency with the objects of the Act. This decision provides certainty and stability for employees in the plumbing sector engaged by SDR Fire Solutions Pty Ltd, and ensures that they are provided with a fair and reasonable safety net of minimum wages and conditions.

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