DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2264)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2020

Application for approval of the GM 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 a greenfields agreement known as the GM 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).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 24 August 2020 and, in accordance with s 54, will operate from 31 August 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and GM Fire Pty Ltd. The union sought approval for a collective agreement between the parties for the period of 2019 to 2022. The Fair Work Commission was the court in which the matter was heard.

The primary legal issue before the commission was whether the collective agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions regarding good faith bargaining and the protection of employees' rights. The union argued that the agreement was a product of good faith negotiations and adequately protected employees' rights, while GM Fire Pty Ltd contended that certain provisions of the agreement were not in line with the protections afforded by the Act.

The commission examined the negotiation process and the content of the agreement, considering whether it met the standards of good faith bargaining and whether it provided adequate protection for employees. The commission found that the agreement was a product of good faith negotiations and that it adequately protected employees' rights. The commission noted that while some provisions of the agreement were not in line with the protections afforded by the Act, these provisions did not significantly impact the overall fairness of the agreement.

The commission approved the collective agreement, finding that it met the requirements of the Fair Work Act. The union and GM Fire Pty Ltd were directed to implement the agreement and comply with its terms. The commission's decision was based on its finding that the agreement was a product of good faith negotiations and that it provided adequate protection for employees' rights.

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