DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5944)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the Eastfield 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 Eastfield 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 (CPEU) 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 12 January 2018. 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 arose between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Eastfield Fire Protection Pty Ltd, concerning the approval of the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The case was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be approved and registered.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was a "good faith" bargaining product, if it provided for the "efficient determination" of terms and conditions, and whether it included essential safeguards for employees. The Commission also considered whether the agreement adequately addressed the needs and interests of both employers and employees, and if it complied with relevant industrial relations laws and principles.

In examining the agreement, the Commission evaluated the bargaining process, the content of the agreement, and its implications for the parties involved. The Commission found that the agreement was indeed a product of good faith bargaining, as both parties had engaged in meaningful discussions and negotiations. Furthermore, the Commission concluded that the agreement provided for the efficient determination of terms and conditions and included essential safeguards for employees. The Commission also found that the agreement was in the best interests of both employers and employees, as it provided for a fair and reasonable balance of rights and obligations. Based on these findings, the Commission approved the agreement and ordered its registration.

The Fair Work Commission approved the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 and ordered its registration, finding that it was a product of good faith bargaining, provided for the efficient determination of terms and conditions, and included essential safeguards for employees. The agreement was deemed to be in the best interests of both employers and employees, and was found to comply with relevant industrial relations laws and principles.

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