DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1573)

SOUTH EAST FIRE AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2018

Application for approval of the South East Fire 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 South East Fire 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] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the South East Fire and CEPU - Plumbing Division (Vic), for the approval of the South East Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The dispute centred on the procedural fairness of the approval process and whether the union had complied with the relevant legislative requirements for the agreement to be valid. The court had to determine if the application met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the union had appropriately followed the procedures outlined in the Fair Work Act when seeking approval for the agreement. Specifically, the court examined if the union had provided adequate notice to relevant parties and if it had given them a reasonable opportunity to respond. Another aspect considered was whether the agreement itself complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to cover employees and employers within the union's jurisdictional scope. The court also needed to determine if the agreement met the criteria for being a "single interest" agreement, which is necessary for it to be approved by the Commission.

The Fair Work Commission held that the union had not followed the proper procedural steps in seeking approval for the agreement. The Commission found that the union had not given the required parties adequate notice and an opportunity to respond to the application. As a result, the Commission did not consider the application compliant with the statutory requirements. Furthermore, the Commission noted that the agreement did not meet the criteria for a "single interest" agreement, as it included provisions that went beyond the scope of the union's jurisdiction. Consequently, the Commission rejected the application for approval of the agreement.

The Fair Work Commission concluded that the application for approval of the South East Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 was not in compliance with the statutory requirements. The Commission rejected the application due to procedural unfairness and the failure of the agreement to meet the criteria for a "single interest" agreement. The Commission did not approve the agreement and instructed the union to address the deficiencies before resubmitting the application for approval.

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