DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/4007)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JANUARY 2021

Application for approval of the Geelong Fire Services 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 has made an application for approval of an enterprise agreement known as the Geelong Fire Services 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.

[2] While the application is generally in order, the Commission was advised that the employees were not provided with the voting instructions seven clear days before the vote. 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 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.

[5] The Agreement was approved on 4 January 2021 and, in accordance with s 54, will operate from 11 January 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a Fire Protection Agreement between Geelong Fire Services Pty Ltd and the CEPU - Plumbing Division (Vic) for the period of 2020 to 2023. The application was lodged by the union seeking to have the agreement approved under the Fair Work Act 2009. The agreement was designed to set out the terms and conditions of employment for employees who are members of the union within Geelong Fire Services Pty Ltd.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 235 of the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was appropriately negotiated and dealt with matters of genuine workplace concern. The Commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and dealt with matters of genuine workplace concern. The Commission also found that the agreement was appropriately negotiated and was consistent with the relevant legislation. The Commission approved the agreement, noting that it provided for a fair and reasonable balance between the interests of the employer and the employees.

The Commission's decision provides guidance for employers and unions when negotiating and seeking approval for enterprise agreements. The decision highlights the importance of ensuring that agreements provide for fair and reasonable terms and conditions of employment, and that they deal with matters of genuine workplace concern. The decision also reinforces the importance of ensuring that agreements are appropriately negotiated and are consistent with the relevant legislation.

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