DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/3002)

GUARDIAN FIRE PROTECTION PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 OCTOBER 2017

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

[1] 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.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Jacksons Fire Protection Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Guardian Fire Protection Pty Ltd, with the CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 being the focus of the dispute. The matter was heard in the Fair Work Commission, with the union applying for the approval of the aforementioned collective agreement. The primary concern was whether the agreement complied with the relevant legislative provisions, specifically the Fair Work Act 2009.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 in the context of the collective agreement. The union argued that the agreement met all necessary requirements, while the employer contested certain provisions, asserting they were contrary to the law. The court had to determine if the agreement was consistent with the principles of the Fair Work Act 2009, including the protection of employees' rights and interests.

The Fair Work Commission assessed the provisions of the collective agreement against the criteria set out in the Fair Work Act 2009. It found that while most of the agreement was in compliance, certain clauses regarding penalty rates and shift differentials did not align with the legislative framework. The court concluded that the disputed clauses contravened the principles of the Act and were thus invalid. Consequently, the agreement was approved with the condition that the non-compliant clauses be amended to conform with the law.

The final orders mandated that the CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 be approved, subject to the amendment of the clauses pertaining to penalty rates and shift differentials to ensure compliance with the Fair Work Act 2009.

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