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

[2014] FWCA 4107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/1386)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 23 JUNE 2014

Application for approval of the A & S Fire Protection 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 & S Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 30 June 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and CEPU - Plumbing Division (Vic) to the Fair Work Commission (the Commission) for the approval of the A & S Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015 (the Agreement). The dispute was about whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the Agreement complied with the requirements of section 231 of the Fair Work Act, and whether the Agreement was genuinely bargained between the parties. Specifically, the Union argued that the Agreement was a genuine enterprise agreement, while A & S Fire Protection Pty Ltd contended that the Agreement did not meet the necessary standards for approval, and that it was not a genuine enterprise agreement.

The Commission found that the Agreement did not comply with the requirements of section 231 of the Fair Work Act as it failed to provide for an adequate dispute resolution process. The Commission also determined that the Agreement was not genuinely bargained as it did not reflect the genuine agreement of the parties. The Commission concluded that the Agreement did not meet the requirements for approval under the Fair Work Act.

The Fair Work Commission dismissed the application for approval of the Agreement. The Commission ordered that the Agreement be returned to the parties without approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established