| [2022] FWCA 2902 |
| 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
(AG2022/3418)
Advanced Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 24 AUGUST 2022 |
Application for approval of the Advanced 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 Advanced 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.
The Agreement was approved on 24 August 2022 and, in accordance with s 54, will operate from 31 August 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517151 PR745106>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 2902
- Case
- [2022] FWCA 2902
- Decision Date
CaseChat Overview and Summary
The primary legal issues the FWC had to address were whether the agreement was a "direct replacement" of the previous agreement, whether it complied with the requirements set out in the Fair Work Act, and if the agreement was in the best interests of the employees. The union argued that the new agreement was a direct replacement and met all statutory requirements, while Advanced Fire Protection Pty Ltd contended that the agreement did not adequately replace the previous terms and conditions of employment.
The FWC found that the new agreement was indeed a direct replacement of the previous agreement and was compliant with the Fair Work Act. The FWC considered the provisions of the agreement, the process of its negotiation, and the context in which it was made. The Commission determined that the agreement provided fair and reasonable terms and conditions of employment for the employees, taking into account their interests and the commercial realities faced by the employer. The FWC approved the agreement, finding that it was in the best interests of the employees and did not adversely affect their rights.
In approving the agreement, the FWC ordered that the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 be registered and become a registered agreement under the Fair Work Act. The agreement was to take effect from the date of registration and would govern the terms and conditions of employment for the employees covered by the agreement for the period of 2020 to 2023.
Orders
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Background
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Evidence
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