DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2490)

THE TRUSTEE FOR FIRE BOAR UNIT TRUST T/A FIRE BOAR PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of The Trustee for Fire Boar Unit Trust t/a Fire Boar 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 Trustee for Fire Boar Unit Trust t/a Fire Boar 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 2 September 2020 and, in accordance with s 54, will operate from 9 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a collective agreement between The Trustee for Fire Boar Unit Trust t/a Fire Boar Pty Ltd and the CEPU Plumbing Division Fire Services Union for the period 2019 to 2022. The dispute centred around the terms and conditions of employment specified in the agreement, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the court encompassed whether the agreement complied with the Fair Work Act 2009, particularly concerning the procedural fairness in the agreement's negotiation and the fairness of the terms themselves. The court examined if the agreement met the "better off overall test" as mandated by the legislation, which requires that the agreement be at least as good as the applicable awards or the national system.

The court found that the agreement was procedurally sound and met the statutory requirements for approval. It determined that the terms were fair and reasonable, providing adequate protections and benefits to the employees. The agreement was deemed to satisfy the better off overall test, ensuring that the employees would be no worse off and, in many respects, better off under the agreement than they would be under the applicable award. Consequently, the court approved the collective agreement.

The final orders of the court approved the Fire Services Union Collective Agreement 2019 - 2022, subject to certain conditions and modifications to address specific concerns raised during the hearing. These conditions included clarifications on certain provisions and the establishment of a review mechanism to monitor compliance with the agreement over 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