Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2017] FWCA 5959

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2017/2935)

Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019

Plumbing industry
Deputy President Colman	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019.

An application has been made for approval of an enterprise agreement known as the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement was approved on 14 November 2017 and, in accordance with s.54, will operate from 21 November 2017. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for approval of a collective agreement between the union and Guardian Fire Protection Pty Ltd. The agreement sought to regulate the employment conditions of members of the union working for Guardian Fire Protection Pty Ltd. The dispute was heard in the Fair Work Commission, an Australian federal administrative law tribunal responsible for resolving workplace disputes. The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement provided fair and effective terms of employment, was not contrary to public policy, and was in the interests of the broader economy.

The commission found that the agreement provided fair and effective terms of employment, as it addressed key issues such as wages, leave entitlements, and workplace health and safety. The commission also determined that the agreement was not contrary to public policy, as it did not promote or facilitate any unlawful activities. Additionally, the commission concluded that the agreement was in the interests of the broader economy, as it provided a stable and predictable framework for employment relations between the union and the employer. Based on these findings, the commission approved the agreement, noting that it provided a fair and balanced outcome for both parties.

The Fair Work Commission approved the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The commission found that the agreement met the criteria for approval under the Fair Work Act 2009, as it provided fair and effective terms of employment, was not contrary to public policy, and was in the interests of the broader economy. The agreement now regulates the employment conditions of union members working for Guardian Fire Protection Pty Ltd for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established