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

[2023] FWCA 2139

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

(AG2023/2247)

APPLICATION FOR APPROVAL OF THE REDDOG FIRE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020 - 2023

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 12 JULY 2023

Application for approval of the Reddog Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023

An application has been made for approval of an enterprise agreement known as the REDDOG FIRE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2023. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application for approval of an enterprise agreement between Reddog Fire Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic). The agreement in question was the Reddog Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023. The union sought approval of the agreement under the Fair Work Act 2009, with the employer consenting to the terms. The Fair Work Commission was the tribunal tasked with considering the application and making a determination.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees covered by it, and if it complied with the good faith bargaining provisions of the Act. The Commission also had to assess if the agreement contained all the mandatory terms and conditions specified in the Act.

In rendering its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was in the best interests of the employees, as it provided fair and reasonable terms of employment. The Commission also determined that the agreement was made in good faith, as the parties had engaged in genuine and meaningful negotiations. Moreover, the agreement contained all the mandatory terms and conditions specified in the Act. Consequently, the Commission approved the Reddog Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023, and it became a registered agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the enterprise agreement, effective from 1 April 2020 for a period of three years. The agreement was to apply to the employees of Reddog Fire Pty Ltd who were members of the CEPU, Plumbing Division (Vic). The Commission also ordered that the agreement be published on its website and made available to the public.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established