DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3722)

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

Plumbing industry
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the Champion 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 Champion 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] 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 15 July 2016 and, in accordance with s.54, will operate from 22 July 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 case involves an application for the approval of a collective agreement between Champion Fire Protection Pty Ltd and the CEPU Plumbing Division Fire Services Union, which was submitted for the period of 2015 to 2019. The application was heard by the Fair Work Commission, specifically the Full Bench, which was tasked with determining whether the collective agreement complied with the relevant legislative framework.

The primary legal issues the court had to address were whether the collective agreement met the criteria for approval under the Fair Work Act 2009. This included verifying that the agreement did not have the effect of undermining the operation of a registered organisation, that it did not discriminate against individuals on certain grounds, and that it did not include terms that were contrary to public policy. The court also had to assess if the agreement was made in good faith and if the union and employer had followed the appropriate processes in reaching the agreement.

The Full Bench of the Fair Work Commission found that the collective agreement did not undermine the operation of a registered organisation, did not discriminate against any individual, and did not include terms that were contrary to public policy. The court also determined that the agreement was made in good faith and that the union and employer had followed the appropriate processes. Therefore, the Full Bench approved the collective agreement, finding it to be in compliance with the Fair Work Act 2009. The court emphasised that the approval was contingent upon the agreement being implemented as per its terms and conditions.

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