DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3811)

GEM FIRE SERVICES 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 GEM Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 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 GEM Fire Services 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] 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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Fire Protection Enterprise Agreement 2020-2023 between GEM Fire Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) - Plumbing Division (Vic). The dispute arose from the union's application to the Commission to approve the enterprise agreement, which had been negotiated between the employer and the union. The employer contested the union's application on various grounds, including procedural fairness and the agreement's compliance with the Fair Work Act.

The central legal issues before the Commission were whether the application for approval was made in accordance with the statutory requirements and whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the employer challenged the union's authority to apply for approval of the agreement, arguing that the union had not followed proper procedures in doing so. Additionally, the employer contended that certain clauses within the agreement did not meet the 'better off overall test' and were therefore invalid.

The Commission found that the union had complied with the procedural requirements for making the application for approval. It held that the union had acted within its powers and followed the necessary steps to ensure the application was valid. Regarding the 'better off overall test', the Commission determined that the agreement met the statutory criteria, as it provided employees with improved terms and conditions compared to their previous entitlements. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the Fair Work Act.

The Fair Work Commission approved the Fire Protection Enterprise Agreement 2020-2023, rejecting the employer's objections. The decision confirmed the union's authority to apply for approval and upheld the validity of the agreement under the Fair Work Act. The Commission's ruling ensures that the terms and conditions of employment for the affected employees are now governed by the approved agreement, providing them with the benefits negotiated between the employer and the union.

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