DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2309)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Modern Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for a collective agreement with Modern Fire Protection Pty Ltd for the CEPU Plumbing Division Fire Services Union. The application was brought under the Fair Work Act 2009 and heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the legal criteria for approval, particularly in terms of compliance with the Act's provisions regarding minimum standards of employment and the avoidance of unfair dismissal provisions.

The court was required to determine if the collective agreement adequately provided for minimum terms and conditions, including wages, hours of work, and other employment-related matters, without contravening the statutory minimum standards set out in the Fair Work Act. Additionally, the court needed to assess whether the agreement appropriately balanced the interests of both parties, ensuring that it did not unfairly prejudice either the employees or the employer. The court's analysis involved a detailed examination of the specific terms of the agreement and their alignment with the legal framework.

In its decision, the Fair Work Commission found that the collective agreement provided comprehensive terms that met the statutory minimum standards and did not unfairly disadvantage either party. The agreement was deemed to be fair and reasonable, taking into account the economic and operational context of the employer's business. The court approved the collective agreement, confirming that it met the necessary legal criteria for approval and was in the best interest of the employees covered by the agreement. The court's decision was based on a thorough assessment of the agreement's provisions and their compliance with the Fair Work Act.

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