DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/4955)

SPECIALISED FIRE PROTECTION AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 SEPTEMBER 2015

Application for approval of the Specialised Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Specialised Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2011-2015 (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.

[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 7 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

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 (the Union) and the employer (the Respondent). The dispute was regarding the approval of the Specialised Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2011-2015. The case was heard in the Fair Work Commission (FWC). The Union had applied for the approval of the Agreement, which aimed to regulate the employment terms and conditions of specialised fire protection employees.

The central legal issue in this case was whether the Agreement met the criteria set forth in the Fair Work Act 2009 (Cth) for a certified agreement to be approved. The Union had to demonstrate that the Agreement was a genuine enterprise agreement, and that it had been properly certified and registered with the FWC. The employer contested the application, arguing that the Agreement did not meet the requirements of the Act.

The FWC examined the application and found that the Agreement met the criteria for approval. The FWC determined that the Agreement was a genuine enterprise agreement, as it was made between the Union and the employer and had been certified by the FWC. The FWC also found that the Agreement had been properly registered and contained all the necessary provisions required by the Act. The FWC approved the Agreement, making it a registered agreement under the Act.

This case highlights the importance of ensuring that enterprise agreements meet the legal requirements set forth in the Fair Work Act 2009 (Cth) for approval by the FWC. Employers and unions must carefully consider the provisions of any agreement before applying for registration, to ensure that it is a genuine enterprise agreement and meets all the necessary criteria for approval.

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