DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1457)

A & S FIRE PROTECTION AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the A & S 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
A & S 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 21 June 2016 and, in accordance with s.54, will operate from 28 June 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU – Plumbing Division (Vic). The dispute centred around the approval of a specific agreement between the parties, known as the A & S Fire Protection and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The case was heard in the Fair Work Commission of Australia, an industrial relations tribunal with jurisdiction over matters involving workplace agreements.

The primary legal issue before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement covered a range of matters relevant to the workplace, such as terms and conditions of employment, and whether it complied with the principles of good faith bargaining and procedural fairness. The court also needed to consider whether the agreement was in the best interests of the employees covered by it.

In reaching its decision, the court examined the content of the agreement and the process through which it was negotiated. The court found that the agreement contained provisions that were relevant to the workplace and covered a range of terms and conditions. The court also found that the process of bargaining was conducted in good faith and that procedural fairness was observed. The court concluded that the agreement was in the best interests of the employees and approved it. The court noted that the agreement provided for a number of benefits to employees, including increased wages and improved working conditions.

The final orders of the court were that the A & S Fire Protection and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved as a registered agreement under the Fair Work Act 2009. This decision provides clarity for the parties involved and sets a precedent for future agreements in the 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