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

[2013] FWCA 8091

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
(AG2013/9705)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 OCTOBER 2013

Application for approval of the ASM 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 ASM 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 22 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the ASM Fire Protection and CEPU- Plumbing Division (Vic) sought approval for the Fire Protection Agreement Victoria 2011-2015 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement. The dispute centred on the validity and appropriateness of the terms within the agreement, particularly in relation to the scope and application of the agreement.

The primary legal issues before the Fair Work Commission were whether the agreement met the criteria for registration as an enterprise agreement, and whether the process by which it was negotiated and executed was fair and in compliance with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine whether the agreement was genuinely an enterprise agreement and if it was made in good faith and without coercion, as required by the legislation.

In delivering its decision, the Fair Work Commission found that the agreement was indeed an enterprise agreement and was made in good faith. The Commission was satisfied that the negotiation process was fair and that the agreement complied with all statutory requirements. The Commission noted the thorough documentation of the negotiation process and the absence of any evidence of coercion or bad faith. The agreement was deemed to cover all the necessary aspects of employment terms and conditions for the specified period, and thus met the legal criteria for approval.

The Fair Work Commission approved the Fire Protection Agreement Victoria 2011-2015, confirming its validity and appropriateness. This decision effectively registered the agreement as an enterprise agreement, ensuring its enforceability under the Fair Work Act. The approval signifies the parties' commitment to the terms agreed upon and provides a stable framework for employment relations within the specified industry and timeframe.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established