DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2600)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2020

Application for approval of the Protective Fire Solutions 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 Protective Fire Solutions 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 11 September 2020 and, in accordance with s 54, will operate from 18 September 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Protective Fire Solutions Pty Ltd. The dispute centred around the approval of the Collective Agreement 2019-2022 between the parties. The matter was heard in the Fair Work Commission. The primary legal issue for the Commission to determine was whether the collective agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was made in good faith and whether it provided for a fair and efficient workplace.

The Commission examined the processes and documentation surrounding the agreement, including the negotiation history, the terms of the agreement, and any evidence of good faith bargaining. The Commission also considered submissions from both parties and any relevant precedent or legal principles. The Commission determined that the agreement was made in good faith and met the necessary standards for approval. The agreement contained provisions that were fair and efficient, taking into account the needs and interests of both employers and employees.

As a result, the Commission approved the Collective Agreement 2019-2022 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Protective Fire Solutions Pty Ltd. The approval was based on the evidence presented and the legal principles applicable to collective agreements under the Fair Work Act 2009. The agreement is now legally binding on both parties and will govern the terms and conditions of employment 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