DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1774)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Bayside Fire Protection 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 Bayside Fire Protection 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 29 July 2016 and, in accordance with s.54, will operate from 5 August 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed as plumbers in the plumbing industry, applied for the approval of the Bayside Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a safety net agreement, which would then be protected from challenges under the industrial relations provisions of the Act. The dispute centred on the interpretation and validity of the agreement, particularly whether it met the criteria for approval as a safety net agreement.

The Commission was required to determine if the agreement provided minimum terms and conditions of employment that were no less favourable than the safety net provided by the relevant industrial instrument. This involved examining whether the agreement's provisions aligned with the safety net standards, including minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission assessed whether the agreement had been made in good faith and without coercion.

After thorough consideration, the Commission found that the agreement did indeed meet the criteria for approval as a safety net agreement. The terms and conditions outlined in the agreement were no less favourable than the safety net provided by the relevant industrial instrument. The Commission also concluded that the agreement had been made in good faith and without any form of coercion. Consequently, the Commission approved the agreement, recognising it as a safety net agreement under the Fair Work Act 2009.

The Commission's decision was communicated in writing, formally approving the Bayside Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 as a safety net agreement. This approval ensures that the terms and conditions of the agreement are protected from challenges under the industrial relations provisions of the Act, providing stability and certainty for the parties involved in the plumbing industry.

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