DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/7056)

CERTIFIED FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 10 JANUARY 2019

Application for approval of the Certified Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Certified Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Certified Fire Protection Pty Ltd. The matter was heard in the Fair Work Commission, where the union sought approval for an agreement negotiated with the employer. The agreement, titled CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015 - 2019, was the subject of the application. The union argued that the agreement should be approved as it was necessary to ensure fair and equitable terms for the employees covered by it.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the union had to demonstrate that the agreement contained all the mandated minimum terms, that the agreement was made in good faith and that the necessary consultation had taken place. Additionally, the Commission had to be satisfied that the agreement was not contrary to public policy.

In delivering the decision, the Commission examined the provisions of the Fair Work Act and the specific terms of the agreement. The Commission found that the agreement did include all the mandated minimum terms and that the parties had engaged in genuine and meaningful consultation. The Commission also determined that the agreement did not contravene any public policy considerations. Consequently, the Commission approved the agreement, recognising the need for fair and equitable terms for the employees involved. The union's application was successful, and the agreement was approved as sought.

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