DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/102)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2021

Application for approval of the FDN 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 has made an application for approval of an enterprise agreement known as the FDN 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 4 February 2021 and, in accordance with s 54, will operate from 11 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a new enterprise agreement with the FDN Fire and CEPU - Plumbing Division (Vic). The agreement was a result of the parties’ negotiations and aimed to govern the terms and conditions of employment for the period 2020-2023. The union argued that the agreement was fair and reasonable, while the employer raised concerns about the financial implications of the proposed terms.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. This involved determining if the agreement was genuinely negotiated, contained the necessary minimum terms, and did not adversely affect the safety, health, or welfare of employees. The employer contested the fairness of the agreement, particularly in relation to certain financial provisions and the impact on business operations.

In evaluating the agreement, the Commission considered the principles of genuine negotiation, the minimum terms outlined in the Act, and the overall fairness of the agreement. The Commission found that while the employer had raised legitimate concerns, the overall agreement was fairly negotiated and did not contain any provisions that would be detrimental to employees. The financial implications raised by the employer were addressed through detailed analysis and consideration of industry standards. The Commission concluded that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the FDN Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023, effective from 1 April 2020. The decision acknowledged the parties' commitment to fair and genuine negotiations and determined that the agreement was fair and reasonable under the Fair Work Act.

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