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

[2013] FWCA 3065

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
(AG2013/1137)

ASSURED FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 MAY 2013

Application for approval of the Assured Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2011-2015

[1] An application has been made for approval of a single-enterprise agreement known as the Assured Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection 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.

[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] TheCEPU, 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 May 2013. The nominal expiry date of the Agreement is 13 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Building and Construction Commission (ABCC) sought approval of the Assured Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2011-2015. The agreement in question was entered into on 1 May 2011, and the ABCC's role was to determine whether it complied with the requirements of the Fair Work Act 2009. The primary legal issues that the court had to address were whether the agreement was an enterprise agreement, whether it had been genuinely agreed upon by the parties, and whether it met the criteria for being an appropriate agreement for the purpose of the legislation.

The court first considered whether the agreement was an enterprise agreement as defined by section 172 of the Fair Work Act 2009. It noted that the agreement covered employees of Assured Fire Protection Pty Ltd and was therefore an enterprise agreement. The court then examined whether the agreement had been genuinely agreed upon by the parties, as required by section 231 of the Act. It found that there was evidence of genuine agreement, including the involvement of the union and the employer in the negotiation process. The court also assessed whether the agreement met the criteria for being an appropriate agreement for the purpose of the legislation, as outlined in section 230 of the Act. It concluded that the agreement contained the necessary terms and conditions, including provisions for pay rates, allowances, and entitlements.

The court approved the Assured Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2011-2015, finding that it met the requirements of the Fair Work Act 2009. The agreement was deemed to be an enterprise agreement, genuinely agreed upon by the parties, and an appropriate agreement for the purpose of the legislation. The court considered that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The final orders of the court were that the agreement be approved, effective from 1 May 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established