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

[2023] FWCA 1477

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

(AG2023/1427)

J & L FIRE PROTECTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Technical services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2023

Application for approval of the J & L Fire Protection 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 J & L Fire Protection 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 24 May 2023 and, in accordance with s 54, it will operate from 31 May 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 was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the J & L Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The applicant sought the court's approval of this enterprise agreement, which was intended to cover the terms and conditions of employment for the union's members employed by the respondent company. The nature of the dispute was procedural, as the application was made under section 234 of the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act. The court had to consider whether the agreement provided for the terms and conditions of employment of the relevant employees, whether the agreement was in writing, whether the agreement was made in good faith, and whether the agreement contained the required minimum terms and conditions. Additionally, the court had to consider whether the agreement complied with the statutory minimum standards and whether it was in the best interests of the employees.

In making its decision, the court examined the terms of the agreement and considered the evidence presented by both parties. The court found that the agreement was in writing, had been made in good faith, and contained the required minimum terms and conditions. The court also found that the agreement complied with the statutory minimum standards and was in the best interests of the employees. The court was satisfied that the agreement provided for the terms and conditions of employment of the relevant employees and that it met the criteria for approval under the Fair Work Act.

Accordingly, the court approved the J & L Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The agreement is now registered and will govern the terms and conditions of employment for the union's members employed by the respondent company for the period of 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