DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2822)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 OCTOBER 2020

Application for approval of the FVS Construction Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022.

[1] 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 Construction 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 statutory 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 02 October 2020 and, in accordance with s 54, will operate from 9 October 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the FVS Construction Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 approved under the Fair Work Act 2009. The union sought to have the agreement recognised as a registered agreement, thereby granting it a degree of legal protection and enforcement mechanisms. The application was contested by FVS Construction Pty Ltd, which raised several objections to the terms of the agreement.

The primary legal issue before the court was whether the collective agreement met the statutory requirements for registration under the Fair Work Act. The court needed to determine if the agreement was genuinely a collective agreement, whether it complied with the procedural requirements for registration, and if the terms of the agreement were consistent with the provisions of the Act. Additionally, the court considered whether the agreement unfairly disadvantaged any party and if there were any provisions that were contrary to public policy.

The court meticulously examined the terms of the agreement and the process by which it was negotiated and finalised. It was satisfied that the agreement was genuinely a collective agreement, that it was negotiated in good faith, and that the procedural requirements for registration were met. The court also found that the terms of the agreement were consistent with the provisions of the Fair Work Act and did not unfairly disadvantage any party. Consequently, the court approved the application and registered the collective agreement as a registered agreement under the Fair Work Act.

The court’s approval and registration of the collective agreement provided it with the legal protections and enforcement mechanisms provided under the Fair Work Act. This decision ensured that the terms of the agreement could be enforced, and any disputes arising from it could be resolved through the mechanisms provided by the Act. The registration of the agreement also meant that the union and FVS Construction Pty Ltd were bound by the terms of the agreement, which provided a degree of certainty and stability in their relationship.

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