DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2518)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2020

Application for approval of the Brisbane Fire Protection 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 Brisbane 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). 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 7 September 2020 and, in accordance with s 54, will operate from 14 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 dispute in the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) involved an application for the approval of the Brisbane Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The matter was brought before the Fair Work Commission, an Australian industrial relations tribunal with jurisdiction over matters concerning employment agreements and other workplace relations issues.

The legal issues before the Commission centred on whether the proposed collective agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained terms that were necessary to prevent unfairness in the workplace, and whether it complied with the minimum standards prescribed by the Act. The Commission also had to consider if the agreement facilitated effective workplace relations and provided for the protection of employees’ rights.

The Fair Work Commission assessed the proposed agreement against the legislative framework and found that it included terms that were necessary to prevent unfairness. The Commission noted that the agreement contained provisions addressing key employment matters, including minimum rates of pay, hours of work, leave entitlements, and conditions of employment. Additionally, the Commission was satisfied that the agreement complied with the minimum standards prescribed by the Fair Work Act and facilitated effective workplace relations. The Commission approved the agreement, recognising its role in providing for the protection of employees’ rights and ensuring fair and reasonable terms of employment.

The Fair Work Commission approved the Brisbane Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The Commission determined that the agreement met the statutory requirements and facilitated effective workplace relations, thereby providing for the protection of employees’ rights.

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