DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3475)

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

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 DECEMBER 2020

Application for approval of the Vicwest Fire Services 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 Vicwest Fire Services 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 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] The Agreement lodged contained various cross-referencing and other errors. On 7 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Vicwest Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 approved. The dispute centred around the terms and conditions outlined in the agreement and whether they met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be registered and, if so, what modifications, if any, were required to ensure compliance with the legislative framework.

The primary legal issues the Commission had to address were whether the agreement provided for the necessary protections for employees, ensured fair and equitable treatment, and adhered to the procedural requirements for approval. The Commission needed to scrutinise whether the terms of the agreement met the standards set out in the Fair Work Act, including the provisions for minimum entitlements, dispute resolution mechanisms, and the overall fairness of the agreement to both employers and employees.

In making its decision, the Commission carefully examined the provisions of the agreement, considering input from both the union and the employer. The Commission found that, while the agreement generally met the statutory requirements, certain provisions did not comply with the Fair Work Act. Specifically, the Commission noted that the agreement did not adequately address provisions related to casual loading and penalty rates. After considering submissions from both parties, the Commission made amendments to the agreement to rectify these deficiencies, ensuring that the agreement now complied with the necessary legal standards. The amended agreement was then approved and registered.

The Fair Work Commission approved the Vicwest Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, subject to the modifications made to address the identified deficiencies. The Commission's decision ensured that the agreement now met the statutory requirements for registration and provided for fair and equitable treatment of employees. This outcome reflects the Commission's commitment to upholding the principles of the Fair Work Act while facilitating the resolution of industrial disputes.

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