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

[2023] FWCA 1850

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

(AG2023/1898)

SPRINKLER FAB SUPPLY & DESIGN PTY LTD AND CEPU (PLUMBING DIVISION) FIRE PROTECTION FABRICATION SHOP COLLECTIVE AGREEMENT 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JUNE 2023

Application for approval of the Sprinkler Fab Supply & Design Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Collective Agreement 2022

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Sprinkler Fab Supply & Design Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Collective Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 22 June 2023 and, in accordance with s 54, it will operate from 29 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, to approve a collective agreement with Sprinkler Fab Supply & Design Pty Ltd. The union sought to have the agreement, which pertains to the Fire Protection Fabrication Shop, recognised under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over employment and workplace relations matters in Australia.

The central legal issue for the court to determine was whether the proposed collective agreement met the criteria for approval under section 232 of the Fair Work Act. This involved assessing whether the agreement was in the public interest and whether it contained appropriate dispute resolution mechanisms. The court also needed to ensure that the agreement did not undermine the principles of the Act, such as the protection of employees' rights and interests.

The Fair Work Commission found that the agreement was in the public interest, as it provided for fair and equitable terms and conditions for employees while also promoting productivity and efficiency in the workplace. The court considered the union's evidence and submissions, as well as the company's position, in reaching its decision. It was satisfied that the agreement contained appropriate dispute resolution mechanisms and did not contravene any provisions of the Fair Work Act. Consequently, the court approved the collective agreement.

In light of the above, the Fair Work Commission approved the Sprinkler Fab Supply & Design Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Collective Agreement 2022, effective from the date of the decision. The agreement will now be legally binding on both the union and the employer, and it will provide the framework for the terms and conditions of employment for the workers covered by the agreement.

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