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

[2014] FWCA 1297

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
(AG2014/179)

FIRST CALL FIRE SERVICES PTY LTD AND CEPU-PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 FEBRUARY 2014

Application for approval of the First Call Fire 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 First Call Fire 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.

[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] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for approval of a multi-employer agreement between the First Call Fire Services Pty Ltd and the CEPU-Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015. The application was made under section 234 of the Fair Work Act 2009. The Commission was required to determine whether the proposed agreement met the requirements of section 233 of the Act, which sets out the criteria for an agreement to be approved.

The primary legal issue was whether the agreement met the "better off overall test" outlined in section 233(2) of the Act, which requires that the agreement must be at least as good as the applicable award or modern award for employees who are not party to the agreement. The applicant argued that the agreement provided better terms and conditions for employees than those contained in the applicable award, while the respondent contended that the agreement did not meet the better off overall test.

The Fair Work Commission found that the proposed agreement provided employees with improved terms and conditions compared to the applicable award, and therefore met the better off overall test. The Commission considered factors such as wages, leave entitlements, and other benefits provided under the agreement, and concluded that the agreement was at least as good as, and in some instances better than, the applicable award. As a result, the Commission approved the agreement under section 234 of the Act.

The Fair Work Commission approved the First Call Fire Services Pty Ltd and CEPU-Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015, finding that it met the requirements of the Fair Work Act 2009. The Commission determined that the agreement provided employees with improved terms and conditions compared to the applicable award, and therefore met the better off overall test. The applicant's application for approval of the agreement was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established