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

[2014] FWCA 5922

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2014/7158)

WARDEN FIRE PROTECTION AND CEPU - PLUMBING DIVISION

(VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry

COMMISSIONER BLAIR

MELBOURNE, 27 AUGUST 2014

Application for approval of the Warden Fire Protection 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 Warden Fire Protection 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 (CEPU).

[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 CEPU, being the bargaining representative for the Agreement, has given notice

under s.183 of the Act that they want the Agreement to cover them. In accordance with
s.201(2) of the Act 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

3 September 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of an enterprise agreement, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for approval of the Warden Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015. The agreement was submitted under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Blair in Melbourne on 27 August 2014. The legal issues before the court were whether the agreement met all the requirements of sections 186, 187 and 188 of the Act, and whether it was appropriate to approve the agreement.

After reviewing the application and relevant sections of the Act, Commissioner Blair found that the agreement met all the necessary requirements for approval. The CEPU, as the bargaining representative, had given the required notice under section 183 of the Act that they wanted the agreement to cover them. The agreement also covered the organisation in accordance with section 201(2) of the Act. The Commissioner was satisfied that the agreement complied with all relevant sections of the Act. Therefore, the agreement was approved and will operate from 3 September 2014 until 31 October 2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established