DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3862)

BAYSIDE FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Bayside Fire Protection Pty Ltd 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 Bayside Fire Protection Pty Ltd 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 employees were not provided with the voting instructions seven clear days before the vote. 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 error. 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 22 December 2020 and, in accordance with s 54, will operate from 29 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

The case involves an application for the approval of the Bayside Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020-2023, which was submitted to the Fair Work Commission. The dispute centres on the terms of the enterprise agreement between Bayside Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division (Vic). The key issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it contained appropriate provisions for the protection of employees’ rights and interests.

The court was required to determine if the enterprise agreement was appropriately negotiated and if it contained provisions that were in the best interests of the employees. This involved assessing whether the agreement met the criteria set out in the Fair Work Act, including whether it provided for minimum terms and conditions of employment, and whether it was free from any unlawful content. The court also needed to consider if the agreement was procedurally fair, meaning that it was negotiated in good faith and that employees had an opportunity to be involved in the negotiation process.

The court found that the enterprise agreement met the requirements of the Fair Work Act and was appropriately negotiated. It noted that the agreement contained provisions that were in the best interests of the employees, including provisions for minimum terms and conditions of employment and provisions that protected employees' rights and interests. The court also found that the agreement was procedurally fair, as it was negotiated in good faith and employees had an opportunity to be involved in the negotiation process. Based on these findings, the court approved the enterprise agreement.

The court's decision resulted in the approval of the Bayside Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020-2023. The agreement now serves as a binding contract between the employer and the employees, outlining their terms and conditions of employment. The court's approval ensures that the agreement is legally enforceable and provides a framework for resolving any disputes that may arise during the term of 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

Evidence Before The Court

Reasons for decision

Legal Principle Established