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

[2022] FWCA 1784

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

(AG2022/1643)

Online Fire & Security Pty. Ltd. and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2022

Application for approval of the Online Fire & Security Pty. Ltd. and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022

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 Online Fire & Security Pty. Ltd. and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 31 May 2022 and, in accordance with s 54, will operate from 7 June 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Online Fire & Security Pty. Ltd. for the CEPU Plumbing Division Fire Services Union. The dispute was lodged with the Fair Work Commission, which is tasked with the approval of such agreements to ensure they meet certain legislative criteria.

The legal issues before the Commission involved assessing whether the collective agreement met the requirements under the Fair Work Act 2009, specifically focusing on the provisions that mandate agreements to be in writing, free from prohibited content, and to be made in good faith. The Commission was also required to determine if the agreement adequately represented the interests of the employees and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the collective agreement was appropriately drafted in accordance with the legislative requirements. The agreement was comprehensive, clear, and free from any prohibited content. The Commission noted that the agreement was made in good faith and represented the interests of the employees effectively. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

Accordingly, the Fair Work Commission approved the collective agreement. This decision confirmed the validity and enforceability of the agreement, providing a framework for the employment terms between the union and the employer for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established