DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/295)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Taylor 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 Taylor 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 the 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 24 February 2017. 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Taylor Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. This application was made under section 234 of the Fair Work Act 2009, which allows for the approval of enterprise agreements by a majority of employees who are covered by the agreement and are not represented by an independent registered union. The dispute centred on the procedural fairness and validity of the process by which the employees voted on the agreement, as well as the terms and conditions outlined within the agreement itself.

The key legal issues addressed by the commission were whether the process by which the employees voted on the agreement was conducted fairly and in accordance with the Fair Work Act, and whether the terms and conditions of the agreement were consistent with the relevant legislative framework. The union argued that the process was flawed and that certain terms were unfair. Conversely, the employer maintained that the process was fair and that the agreement was fair and reasonable. The commission had to carefully consider the evidence presented on both sides and determine whether the agreement met the statutory requirements for approval.

In its decision, the commission found that the process by which the employees voted on the agreement was conducted in a fair and transparent manner. The commission was satisfied that the employer had taken reasonable steps to ensure that the employees were properly informed about the agreement and the implications of its approval. The commission also considered the terms and conditions of the agreement and found that, while some aspects were contentious, the overall agreement was fair and reasonable. The commission approved the agreement, noting that it provided a fair and balanced outcome for both the employer and the employees. The union's application for approval of the agreement was thus successful.

The final orders of the commission were that the Taylor Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would be in effect from the date of the decision until the end of the agreement period. The commission also ordered that the agreement be served on the employer and the employees, and that a copy be provided to the union and the employer. This decision provided a resolution to the dispute and allowed the agreement to come into effect, providing certainty for both the employer and the employees.

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