DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3790)

SOUTHERN CROSS FIRE PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2020

Application for approval of the Southern Cross Fire 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 Southern Cross Fire 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 21 December 2020 and, in accordance with s 54, will operate from 28 December 2020. 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

The parties involved in the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Southern Cross Fire Pty Ltd. The matter was heard in the Fair Work Commission, which was asked to approve a proposed collective agreement between the parties. The agreement, dated 2019 to 2022, was intended to establish terms and conditions of employment for the union members who were employed by the respondent. The union sought approval of the agreement under section 235 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement was a lawful and fair one. The union argued that the agreement was a good faith bargain and was in line with the principles of the Fair Work Act. The employer, on the other hand, argued that the agreement was not a genuine bargain and that some of its provisions were unfair. The employer contended that the agreement did not reflect the true intentions of the parties and that some of its provisions were not in the best interests of the business.

The Commission found that the agreement was a genuine bargain and was in line with the principles of the Fair Work Act. The Commission noted that the parties had negotiated the agreement in good faith and that the agreement reflected the true intentions of both parties. The Commission also found that the provisions of the agreement were not unfair and were in the best interests of both parties. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions of employment that balanced the interests of both the employer and the employees. The Commission approved the agreement, subject to certain minor modifications to ensure that it complied with the relevant legislation.

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