DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7304)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Fire Concepts 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 Fire Concepts 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. 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 Fire Concepts and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009, specifically in terms of its alignment with the objectives of the Act and its overall fairness to the parties involved.

The court was tasked with determining whether the agreement appropriately balanced the interests of employers and employees, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. Key issues included the adequacy of the bargaining process, the fairness of the terms and conditions proposed, and the agreement's conformity with the overarching objectives of the Act, such as facilitating productive and harmonious workplace relations.

The Fair Work Commission examined the evidence presented and considered the principles of good faith bargaining, procedural fairness, and the overall alignment of the agreement with the Act’s objectives. The Commission concluded that the agreement was appropriately negotiated in good faith and that the terms were fair and reasonable. It was found that the agreement provided a balanced outcome that promoted harmonious, productive, and cooperative workplace relationships, and met all necessary statutory requirements. Consequently, the Commission approved the application and registered the agreement.

The final orders of the Commission were that the Fire Concepts and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved and registered, effective from the date of the decision. The registration ensures that the agreement will have the full force of law in governing the employment terms and conditions of the employees covered by the agreement.

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