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

[2013] FWCA 6405

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
(AG2013/8545)

FIRE PROTECTION SPECIALISTS AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the Fire Protection Specialists and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Fire Protection Specialists and CEPU Plumbing Division Union Collective Agreement 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 - Plumbing Division - Queensland Branch (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Union)have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Fire Protection Specialists and CEPU Plumbing Division Union Collective Agreement 2011-2015. The employer, who was not named in the decision, opposed the application, arguing that the agreement contained provisions that were not reasonably necessary to protect the health and safety of employees. The dispute was referred to the Commission by the Australian Industrial Relations Commission for its determination.

The primary legal issue before the Commission was whether the provisions in the agreement were reasonably necessary to protect the health and safety of employees, as required by section 235(1)(c) of the Fair Work Act 2009. The employer contended that certain provisions, including those relating to the engagement of fire protection specialists and the use of non-union labour, were not reasonably necessary to protect health and safety. The union, on the other hand, argued that the provisions were necessary to ensure that the health and safety of employees were properly protected.

The Commission found that the provisions in question were reasonably necessary to protect the health and safety of employees. The Commission noted that the employer had not provided sufficient evidence to demonstrate that the provisions were not necessary, and that the union had provided evidence to support the necessity of the provisions. The Commission was satisfied that the provisions were necessary to ensure that fire protection specialists were properly engaged and that the use of non-union labour was properly regulated. The Commission also found that the provisions did not unduly restrict the employer’s ability to conduct its business.

The Fair Work Commission approved the Fire Protection Specialists and CEPU Plumbing Division Union Collective Agreement 2011-2015, subject to certain modifications. The modifications related to the use of non-union labour and the engagement of fire protection specialists, and were designed to ensure that the agreement complied with the requirements of the Fair Work Act. The Commission noted that the modifications did not significantly alter the substance of the agreement, and that the union and employer had been given an opportunity to make submissions on the modifications before the decision was made.

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