DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3893)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 DECEMBER 2020

Application for approval of the Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 Leemark Fire Protection 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] 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 31 December 2020 and, in accordance with s 54, will operate from 7 January 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 this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Leemark Fire Protection Pty Ltd (the Employer) sought approval for the Leemark Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement). The application for approval was brought before the Fair Work Commission (the Commission). The Union and the Employer were in dispute over whether the Commission should approve the Agreement, which contained provisions relating to the employment of apprentices and trainees, and the terms and conditions of employment of employees. The legal issues that the Commission was required to decide included whether the Agreement provided for the proper management and administration of the relevant industry, and whether it was in the best interests of the employees covered by the Agreement.

The Commission found that the Agreement provided for the proper management and administration of the relevant industry. The Commission noted that the Agreement contained provisions that were consistent with the objectives of the Fair Work Act 2009 (Cth), including provisions that promoted efficient and productive workplace relations. The Commission also found that the Agreement was in the best interests of the employees covered by the Agreement. The Commission noted that the Agreement provided for a fair and reasonable level of protection for employees, and that it contained provisions that were consistent with the principles of enterprise bargaining. The Commission also found that the Agreement provided for the proper regulation of the employment of apprentices and trainees, and that it contained provisions that were consistent with the objectives of the Apprenticeships Act 2009 (Vic).

Based on the above findings, the Commission approved the Agreement. The Commission noted that the Agreement contained provisions that were in the best interests of the employees covered by the Agreement, and that it provided for the proper management and administration of the relevant industry. The Commission also noted that the Agreement contained provisions that were consistent with the objectives of the Fair Work Act 2009 (Cth) and the Apprenticeships Act 2009 (Vic). The Commission approved the Agreement on the basis that it met the requirements of section 233 of the Fair Work Act 2009 (Cth). The Commission also noted that the Agreement was subject to the usual transitional provisions and that it would expire on 30 June 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

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Reasons for decision

Legal Principle Established