DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3083)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Guardian Fire Protection 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 a greenfields agreement known as the Guardian Fire Protection 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).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 28 October 2020 and, in accordance with s 54, will operate from 4 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of a collective agreement with Guardian Fire Protection Pty Ltd. The dispute centred around the terms and conditions outlined in the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements for approval. This involved assessing whether the agreement contained all the prescribed terms, was made in good faith, and did not discriminate against employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions that balanced the interests of both the employer and the employees.

The Commission found that the collective agreement substantially complied with the statutory requirements for approval. It contained all the prescribed terms and was made in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions that balanced the interests of both the employer and the employees. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009.

Consequently, the Commission approved the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The decision confirmed the legal validity of the agreement, providing certainty and stability in the employment relationship 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