Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 6590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/8800)

A & M FIRE PROTECTION SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the A & M Fire Protection Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the A & M Fire Protection Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Applicant, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the Applicant.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2014. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and A & M Fire Protection Services Pty Ltd (the Employer). The Union sought approval of a specific agreement between the Employer and the CEPU - Plumbing Division (Vic), which was set to govern employment terms from 2011 to 2015. The court's role was to determine whether the agreement met the legal requirements under the Fair Work Act 2009, particularly ensuring it was a simple, timely, and clear agreement, and that it was free from prohibited content.

The central legal issues revolved around the compliance of the agreement with the statutory criteria outlined in the Fair Work Act. The court had to ascertain whether the agreement was genuinely negotiated and whether it adhered to the principles of simplicity, timeliness, and clarity. Additionally, the court examined whether the agreement contained any prohibited content, such as provisions that undermined the protection of employees' rights or unfairly limited their access to dispute resolution mechanisms.

The court meticulously reviewed the terms of the agreement, considering the evidence presented by both parties. It found that the agreement met the statutory requirements, being free from prohibited content and compliant with the principles of simplicity, timeliness, and clarity. The court was satisfied that the agreement was genuinely negotiated and represented the best interests of the employees. Consequently, the court approved the agreement, recognising its compliance with the legislative framework and its potential to provide fair and effective employment terms for the period in question.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established