| [2022] FWCA 2033 |
| 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
(AG2022/1923)
Next Level Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 21 JUNE 2022 |
Application for approval of the Next Level 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 Next Level 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 21 June 2022 and, in accordance with s 54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 2033
- Case
- [2022] FWCA 2033
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the Agreement was genuinely bargained for and whether it met the procedural requirements for registration. The Union argued that the Agreement was not genuinely negotiated as it was imposed upon the employees, and that the terms of the Agreement were not fair and reasonable. The employer, Next Level Fire Protection Pty Ltd, contended that the Agreement was the result of genuine bargaining and that it contained terms that were fair and reasonable.
In its decision, the Commission found that the Agreement was genuinely negotiated and met the procedural requirements for registration. The Commission noted that the Union had provided evidence of its efforts to negotiate with the employer, and that the Agreement contained terms that were consistent with those found in other agreements within the industry. The Commission also found that the terms of the Agreement were fair and reasonable, taking into account the economic and industrial context in which the Agreement was negotiated. The Commission concluded that the Agreement was not oppressive or detrimental to the employees and that it provided for a fair and efficient workplace.
Accordingly, the Commission approved the Agreement as a registered agreement under section 235 of the Fair Work Act 2009. The Agreement will now be registered with the Fair Work Commission and will apply to the employees of Next Level Fire Protection Pty Ltd covered by the Agreement. The employer and the Union are now bound by the terms of the Agreement, which will govern the employment conditions of the employees for the period of the Agreement.
Orders
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Background
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Evidence
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