DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/91)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Excel Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 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 Excel Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 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 notice of employee representational rights (NERR) was not provided to all relevant employees within 14 days of the notification time. Further, employees were not provided with the time and place 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 these constitute minor procedural or technical errors for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the errors.

[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 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.

[5] 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.

[6] The Agreement was approved on 3 February 2021 and, in accordance with s 54, will operate from 10 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 case involved an application for the approval of the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Excel Fire Protection Pty Ltd. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement complied with the requirements for being a "low paid" enterprise agreement, which includes specific criteria regarding the minimum rates of pay and conditions for employees.

The Fair Work Commission examined the agreement's provisions and the evidence presented by both parties. The Commission considered the definition of "low paid" employees, the minimum rates of pay stipulated in the agreement, and whether the agreement contained provisions that adequately protected employees' rights and interests. The Commission also assessed whether the agreement complied with other statutory requirements, such as the need for genuine bargaining and the provision of a copy of the agreement to each employee.

After reviewing the evidence and the agreement, the Fair Work Commission determined that the Enterprise Agreement met the criteria for a "low paid" agreement and complied with all necessary statutory requirements. The Commission approved the agreement, finding that it provided adequate protection for employees and reflected the outcome of genuine bargaining between the parties. The Commission's decision was based on its assessment of the agreement's provisions and the evidence presented by both parties, which demonstrated that the agreement met the legal standards for approval.

The Fair Work Commission's final orders included the approval of the Enterprise Agreement between CEPU and Excel Fire Protection Pty Ltd, effective from the date of the decision. The Commission also directed the parties to take all necessary steps to give effect to the approved agreement, including providing copies of the agreement to all employees and ensuring compliance with its terms. The decision provided clarity for both parties regarding the approval process and the requirements for a "low paid" enterprise agreement 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