DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/221)

RESULTS FIRE AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Results Fire 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 Results Fire 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 17 February 2021 and, in accordance with s 54, will operate from 24 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 case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, to seek approval of the Results Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The dispute arose within the union's own ranks, as the application was challenged by the union's own members, raising questions about the internal processes and validity of the agreement.

The primary legal issue before the court was whether the union had properly followed its own internal rules and procedures in the approval of the agreement, and whether the agreement itself was fair and reasonable in the context of industrial relations law. The court had to consider whether the union's internal governance mechanisms were adhered to, and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court found that the union had followed its internal procedures correctly and that the agreement was fair and reasonable. The court noted that the union had a robust internal process for the approval of agreements, which was followed in this instance. The court also determined that the agreement provided appropriate protections and benefits for the employees covered by it, and was in line with the objectives of the Fair Work Act. The court's decision was based on a detailed analysis of the union's internal rules, the procedural fairness of the approval process, and the substantive content of the agreement.

The court approved the Results Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, thereby resolving the dispute in favour of the union. The court's decision affirmed the union's internal processes and the validity of the agreement, providing clarity and certainty for all parties involved. The court's judgment serves as a reminder of the importance of following proper internal procedures and the need for agreements to be fair and reasonable in the context of industrial relations.

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