DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2202)

PROFIRE (QLD) PTY LTD AND THE CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2020

Application for approval of the Profire (QLD) Pty Ltd and the CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022.

[1] 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 Profire (QLD) Pty Ltd and the 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 13 August 2020 and, in accordance with s 54, will operate from 20 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 case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division Fire Services Union, and Profire (QLD) Pty Ltd. The union sought approval for a collective agreement between the union and the employer, spanning from 2019 to 2022. The primary dispute centred around whether the proposed agreement complied with the necessary legislative standards and if it adequately represented the interests of both parties.

The central legal issues that the court needed to address were whether the collective agreement fulfilled the statutory requirements and whether it was fair and reasonable. The court examined the agreement's provisions, ensuring they complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court considered the principles of good faith bargaining and whether the agreement demonstrated a fair and reasonable outcome for both the employer and the union.

After a thorough examination of the collective agreement, the court found that it met the statutory requirements and represented a fair and reasonable outcome. The court was satisfied that the agreement had been negotiated in good faith and was consistent with the principles of the Fair Work Act. The court concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the union. As a result, the court approved the collective agreement, allowing it to take effect as of the specified period.

The court's decision was based on the evidence presented and the legal principles that govern collective agreements. The court found that the agreement was fair and reasonable, and that it complied with the statutory requirements. As a result, the court granted the union's application for approval of the collective agreement. The agreement will now be in effect for the specified period, providing a framework for the employment relationship between the employer and the union.

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