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

Case [2023] FWCA 489


[2023] FWCA 489

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

(AG2023/239)

All Round Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 16 FEBRUARY 2023

Application for approval of the All Round Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023

  1. 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 All Round Fire Protection 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 16 February 2023 and, in accordance with s 54, it will operate from 23 February 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
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Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 489
Case
[2023] FWCA 489
Decision Date

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division (Vic). The dispute centred around the application for approval of the All Round Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023. The matter was heard in the Fair Work Commission.

The central legal issues before the court were whether the agreement complied with the relevant sections of the Fair Work Act 2009 and if it met the criteria for being a "small improvement agreement" under the Fair Work (Registered Organisations) Act 2009. The court needed to determine if the agreement was fair and reasonable and if it provided for minimum terms and conditions of employment.

The court found that the agreement was compliant with the Fair Work Act and met the criteria for a small improvement agreement. The court was satisfied that the agreement was fair and reasonable and provided for minimum terms and conditions of employment. The agreement was approved, and the decision was made in favour of the union and the division.

As a result of the decision, the All Round Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023 was approved and is now legally binding on the parties involved. The court's approval ensures that the agreement is fair and reasonable and provides for minimum terms and conditions of employment for the relevant workers.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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