DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3719)

PIPEWORK & ENGINEERING SERVICES PTY LTD T/A FIRERITE SERVICES AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Pipework & Engineering Services Pty Ltd t/a Firerite Services 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 Pipework & Engineering Services Pty Ltd t/a Firerite Services 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 17 December 2020 and, in accordance with s 54, will operate from 24 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Pipework & Engineering Services Pty Ltd t/a Firerite Services and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The respondent, Pipework & Engineering Services Pty Ltd, did not contest the application. The dispute involved the terms and conditions of employment for employees of Pipework & Engineering Services Pty Ltd, who are members of the union. The central issue for the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission examined the agreement to ensure it met the requirements for a modern award. The agreement was found to comply with the provisions of the Act, including the prohibition against terms that are discriminatory or that undermine the operation of the enterprise bargaining system. The agreement also provided for appropriate minimum wages and conditions for the employees, as well as mechanisms for dispute resolution. The Commission was satisfied that the agreement was not contrary to the public interest and would facilitate the improved economic performance of the parties' enterprises.

Consequently, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act. The agreement was deemed to be a good faith attempt to facilitate improved economic performance and to be consistent with the public interest. The approval ensures that the terms and conditions of employment for the employees are legally binding and enforceable.

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