DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/330)

SPECIALISED FIRE PROTECTION 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 Specialised Fire Protection 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 Specialised Fire Protection 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] While the application is generally in order, the Commission was advised that the employees were not advised of the date of the vote seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] 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

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Specialised Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of this agreement, which aimed to regulate employment conditions for specialised fire protection workers and plumbing division employees in Victoria over the period of 2020 to 2023. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues at the core of the decision centred on whether the agreement provided for the full and effective representation of the employees involved and whether it aligned with the principles of the Fair Work Act. Key aspects examined by the Commission included the agreement's coverage of relevant employees, the union's representation of these employees, and whether the agreement contained provisions that were consistent with the Act's objectives. The Commission also needed to ensure that the agreement did not undermine the right of employees to choose whether to be covered by it.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement provided for the full and effective representation of the employees, as it was supported by the union, which was appropriately constituted to represent the relevant employees. The Commission also concluded that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for fair and reasonable terms and conditions of employment. The Commission approved the agreement, recognising that it would provide certainty and stability in the workplace while also supporting the rights of employees. The Commission issued a certificate of approval for the agreement, allowing it to come into effect as per the terms outlined.

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