DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2207)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2020

Application for approval of the Alpha Fire Protection Pty Ltd and 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 Alpha Fire Protection 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 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 matter before the Fair Work Commission involved the union and the employer, Alpha Fire Protection Pty Ltd. The union sought approval of a collective agreement between the parties, governing the employment terms and conditions for members of the union who were employed in the plumbing division of the employer. The Fair Work Commission was the court that had to make a decision on the matter.

The legal issue before the Commission was whether the collective agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it met the requirements of the good faith bargaining provisions of the Act.

The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that the parties had engaged in good faith bargaining in reaching the agreement. The Commission also found that the agreement met the requirements of the Act in terms of the proper procedures being followed in reaching the agreement. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022. The agreement will now be in effect for the duration of the agreement, and will govern the employment terms and conditions for members of the union who are employed in the plumbing division of the employer.

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