DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3834)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Contractfire 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 Contractfire 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, nor was a copy of the notice of employee representational rights 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 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 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 24 December 2020 and, in accordance with s 54, will operate from 31 December 2020. 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission for approval of a Fire Protection Agreement between Contractfire Pty Ltd (the Employer) and the CEPU - Plumbing Division (Vic) (the Union). The Union submitted that the agreement met the requirements of the Fair Work Act 2009 (Cth) and should be approved. The matter was heard by Deputy President C.J. O’Keefe, who was tasked with determining whether the agreement met the legislative requirements for approval under the Fair Work Act.

The primary legal issue before the court was whether the Fire Protection Agreement met the criteria for approval under section 235 of the Fair Work Act. This required consideration of whether the agreement was in the interests of the employees, and whether it met the requirements for coverage, bargaining, and dispute resolution. The Union argued that the agreement was in the interests of the employees, and that it met the necessary legislative requirements. The Employer, on the other hand, argued that the agreement did not meet the requirements for approval.

The court considered the arguments of both parties and examined the agreement in detail. The court found that the agreement met the requirements for coverage, bargaining, and dispute resolution, and that it was in the interests of the employees. The court noted that the agreement provided for a fair and reasonable system of dispute resolution, and that it contained provisions that were beneficial to the employees. The court also found that the agreement met the requirements for approval under section 235 of the Fair Work Act. As such, the court approved the Fire Protection Agreement.

The court's approval of the Fire Protection Agreement means that it is now a registered agreement under the Fair Work Act. The agreement will provide for the regulation of employment conditions and dispute resolution for employees in the fire protection industry in Victoria for the period of 2020-2023. The Union and the Employer will be bound by the terms of the agreement, and any disputes arising from the agreement will be resolved in accordance with the dispute resolution provisions set out in the agreement.

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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Legal Principle Established