DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2349)

SELECT FIRE SYSTEMS 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 Select Fire Systems 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 Select Fire Systems 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 case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of a collective agreement between the Applicant and Select Fire Systems Pty Ltd and the CEPU Plumbing Division Fire Services Union (the Respondent). The agreement sought to govern the terms and conditions of employment for a specified period. The Commission was required to determine whether the agreement met the legal criteria for approval, including whether it provided for the fair and efficient resolution of workplace issues.

The central legal issue was whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The Applicant argued that the agreement was fair and reasonable in all its terms, while the Respondent contended that certain provisions did not meet the criteria for approval. The Commission had to assess the agreement's provisions against the relevant legal standards, including the requirement that the agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award.

The Commission found that the agreement did not meet the criteria for approval under the Fair Work Act. It concluded that certain provisions of the agreement provided for terms and conditions that were less favourable than those provided for in the relevant safety net award. This finding was based on a detailed analysis of the agreement's provisions and the applicable legal standards. Consequently, the application for approval of the agreement was dismissed.

As a result of the decision, the agreement was not approved and therefore did not come into effect. The terms and conditions of employment for the employees covered by the agreement remained governed by the applicable award or any previously approved enterprise agreement. The dismissal of the application meant that the parties would need to either negotiate a new agreement that complied with the statutory requirements or continue to be bound by the existing terms of the relevant award.

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