DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2340)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 AUGUST 2020

Application for approval of the Premier Fire 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 Premier Fire 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 25 August 2020 and, in accordance with s 54, will operate from 1 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Premier Fire Pty Ltd. The union sought approval of a collective agreement governing the terms and conditions of employment for the CEPU Plumbing Division Fire Services Union from 2019 to 2022. The parties were before the Fair Work Commission, which was tasked with determining the merits of the application.

The central legal issue before the Commission was whether the collective agreement, as proposed, met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement provided for the fair and efficient resolution of workplace issues, and whether it adhered to the principles of good faith bargaining and the provision of procedural fairness. The Commission also needed to consider whether the agreement was in the best interests of the employees covered by it.

In reaching its decision, the Commission carefully analysed the terms of the agreement, taking into account the evidence presented by both parties. It found that the agreement provided for fair and efficient resolution of workplace issues, and that the bargaining process had been conducted in good faith. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for a fair and reasonable balance of rights and obligations between the employer and the employees. Based on these findings, the Commission approved the collective agreement, finding it to be in accordance with the requirements of the Act. The Commission made an order approving the collective agreement in its entirety, subject to the conditions and limitations set out in the decision.

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