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

[2022] FWCA 3032

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

(AG2022/3607)

Diesel Fire Pump Services and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Diesel Fire Pump Services 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 Diesel Fire Pump Services 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 1 September 2022 and, in accordance with s 54, will operate from 8 September 2022. 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, seeking approval of a proposed agreement between the union and CEPU – Plumbing Division (Vic) concerning fire protection services. The application was heard in the Fair Work Commission, a federal tribunal with jurisdiction over employment and workplace relations matters in Australia.

The central legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The union argued that the agreement was a "modern award" under the Act and thus required approval by the Commission. The union contended that the agreement was necessary to establish a minimum standard for the fire protection industry, including provisions on wages, conditions, and dispute resolution. The Commission was required to determine if the proposed agreement met the legislative criteria for a modern award, including whether it covered a specified industry or occupation and provided for minimum terms and conditions.

The Commission found that the proposed agreement satisfied the requirements of a modern award. The agreement covered a specific industry – fire protection services – and included provisions on wages, leave, and other employment conditions. The Commission also noted that the agreement provided for dispute resolution mechanisms and met other legislative criteria. The Commission concluded that the agreement would provide a fair and efficient way to establish minimum standards for the industry, and approved the agreement as a modern award. The court ordered that the agreement be registered and come into effect on the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established