DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3920)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 DECEMBER 2020

Application for approval of the Tesko Fire 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 Tesko Fire 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 30 December 2020 and, in accordance with s 54, will operate from 6 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

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Tesko Fire Pty Ltd, with the dispute centering on the approval of the Tesko Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The case was heard in the Fair Work Commission of Australia, where the union sought approval of the agreement under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The union argued that the agreement was fair and reasonable and provided for appropriate protections for the employees, while Tesko Fire Pty Ltd argued that the agreement was not in the best interests of the employees and did not comply with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate protections for the employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was not contrary to the public interest and did not have the effect of undermining the operation of the Fair Work Act 2009. As such, the Commission approved the agreement and made the necessary orders to give effect to the approval.

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