DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3980)

PROVON CONTRACTING PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 DECEMBER 2020

Application for approval of the Provon Contracting Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 – 2022.

[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 Provon Contracting Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 – 2022 (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 2022.

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 collective agreement with Provon Contracting Pty Ltd. The agreement pertained to the terms and conditions of employment for the CEPU Plumbing Division Fire Services Union members. The dispute centred around whether the agreement complied with the relevant statutory requirements and whether it met the standards of good faith bargaining and procedural fairness.

The legal issues before the Commission involved verifying the agreement's compliance with the Fair Work Act 2009 and assessing whether it had been negotiated in good faith. The Commission had to determine if the agreement met the necessary standards for procedural fairness and if it was consistent with the principles of contemporary industrial relations law. Furthermore, the Commission examined whether the agreement was beneficial to the employees it covered and whether it was made without any undue influence or coercion.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements and had been negotiated in good faith. The Commission was satisfied that the agreement adhered to the principles of procedural fairness and was beneficial to the employees. The Commission concluded that the agreement was fair and reasonable and approved it accordingly. The approval was subject to specific conditions, ensuring the agreement's continued compliance with the Fair Work Act 2009.

The Fair Work Commission approved the collective agreement between the union and the employer, subject to the conditions outlined in the decision. This approval confirmed the agreement as binding and enforceable, providing a framework for the terms and conditions of employment for the covered employees.

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