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

[2023] FWCA 1699

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

(AG2023/1710)

GEELONG FIRE CONSTRUCTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2023

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

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 Geelong Fire Construction Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023 (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 9 June 2023 and, in accordance with s 54, it will operate from 16 June 2023. The nominal expiry date of the Agreement is 31 October 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 the CEPU – Plumbing Division (Vic), for the approval of the Geelong Fire Construction Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023. The dispute centred on whether the agreement, which was intended to govern the terms and conditions of employment for plumbers in the Geelong region, met the criteria for approval under the relevant industrial relations legislation.

The central legal issue was whether the agreement complied with the requirements for approval set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for a fair and efficient industrial relations system, did not have an adverse effect on the operation of a registered organisation, and whether it provided for the fair and efficient resolution of workplace disputes. The court also had to assess if the agreement met the requirements for good faith bargaining and did not undermine the protections for employees.

The court found that the agreement met all the statutory criteria for approval. It was determined that the agreement provided for a fair and efficient industrial relations system, did not have an adverse effect on the operation of a registered organisation, and included provisions for the fair and efficient resolution of workplace disputes. The court was satisfied that the agreement had been the product of good faith bargaining and did not undermine the protections for employees. Consequently, the court approved the agreement as meeting all necessary requirements under the Fair Work Act 2009.

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