DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2305)

PLATINUM FIRE SYSTEMS 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 Platinum Fire Systems 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 Platinum Fire Systems 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between Platinum Fire Systems Pty Ltd and the CEPU Plumbing Division Fire Services Union for the period 2019-2022. The dispute arose from the union's application for the agreement to be approved, which was opposed by the employer on the grounds that it did not comply with certain provisions of the Fair Work Act 2009. The central issues before the Commission were whether the agreement contained any provisions that contravened the Act, specifically concerning the definition of ‘employee’ and the applicability of the agreement to certain employees. The Fair Work Commission carefully examined the provisions of the agreement and considered the arguments presented by both parties. It found that while the agreement contained some provisions that were not in strict compliance with the Act, these did not materially affect the overall fairness or reasonableness of the agreement. The Commission concluded that the agreement should be approved with modifications to ensure compliance with the Act, particularly regarding the definition of ‘employee’ and the scope of the agreement. The final orders included the approval of the collective agreement, subject to the modifications made by the Commission to align with the Fair Work Act. The employer and the union were directed to implement the modifications within a specified timeframe.

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