DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3613)

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

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2020

Application for approval of the Fox Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Fox Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Employees were not provided with the Agreement during the access period which conflicts with s.180(2)(a) of the Act. Furthermore, employees were not notified of the time, place and method of vote by the start of the access period which conflicts with s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] The Agreement lodged contained various cross-referencing and other errors. On 14 December 2020, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 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 the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a proposed agreement between the union and Fox Fire Protection Pty Ltd. The proposed agreement, titled the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, aimed to regulate employment conditions for union members employed by the respondent company. The Union submitted the application, and the company did not oppose it.

The key legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "certified agreement" as defined in the Act. This required the Commission to consider various factors, including whether the agreement had been negotiated in good faith and whether it provided for a genuine agreement between the parties.

After considering the submissions and evidence from both parties, the Commission found that the proposed agreement satisfied the necessary criteria. The Commission concluded that the agreement was a genuine agreement between the parties and had been negotiated in good faith. The Commission also found that the agreement met the requirements of the Act and approved it. The agreement was therefore registered as a certified agreement, effective from 1 January 2020 until 31 December 2023.

The Commission ordered that the proposed agreement be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement would govern employment conditions for union members employed by Fox Fire Protection Pty Ltd for the specified period.

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