DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/4005)

FIRE FIGHTING SYSTEMS AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JANUARY 2021

Application for approval of the Fire Fighting Systems and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020-2023.

[1] 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 Fire Fighting Systems 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 was not provided to all employees within 14 days of the notification time. 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 s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the errors. 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 2020 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and the Fire Fighting Systems and CEPU - Plumbing Division (Vic) (the "Employer"). The Union sought approval of a proposed enterprise agreement, the Fire Protection Enterprise Agreement 2020-2023, under the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement complied with the legislative requirements for fair and equitable terms and conditions of employment, particularly in relation to procedural fairness and the rights of employees.

The court was tasked with determining whether the Union had adequately consulted with its members before lodging the application for approval of the agreement. Additionally, the court had to assess if the agreement met the criteria for being considered "in the national system" and whether it complied with the Fair Work Act's provisions regarding employee rights and protections. The Union argued that it had followed proper consultation processes and that the agreement was fair and reasonable. The Employer contested the application on the basis of procedural irregularities and potential breaches of employee rights.

The court found that the Union had not adequately consulted its members before submitting the application for approval. Consequently, the court held that the application did not meet the procedural requirements of the Fair Work Act. Furthermore, the court determined that the proposed agreement failed to meet the criteria for being considered "in the national system" as it did not adequately address certain employee rights and protections. As a result, the court dismissed the Union's application for approval of the Fire Protection Enterprise Agreement 2020-2023.

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