DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3156)

FVS FIRE PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2020

Application for approval of the FVS 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 FVS 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 4 November 2020 and, in accordance with s 54, will operate from 11 November 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between FVS Fire Pty Ltd and the CEPU Plumbing Division Fire Services Union for the period 2019-2022. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The union sought approval for the agreement, while the employer opposed the application on various grounds.

The primary legal issue was whether the agreement complied with the statutory provisions for approval. The employer contested the agreement on the grounds that it failed to meet the requirements for good faith bargaining and contained provisions that did not align with the principles of the Fair Work Act. The union argued that the agreement was a product of genuine negotiations and that its provisions were fair and reasonable.

The Fair Work Commission found that the agreement was the result of genuine and good faith negotiations. The court considered the process through which the agreement was reached and noted that it was comprehensive and covered a wide range of terms and conditions of employment. The Commission determined that the provisions of the agreement were fair and reasonable, taking into account the nature of the industry and the specific needs of the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the FVS Fire Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022. The decision affirmed the validity of the agreement, recognising it as a fair and reasonable product of genuine negotiations between the parties.

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