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

[2022] FWCA 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act

s.185—Enterprise agreement

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

(AG2022/738)

FM Essential Services and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2022

Application for the approval of FM Essential 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 FM Essential 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 22 March 2022 and, in accordance with s 54, will operate from 29 March 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and FM Essential Services, with a dispute regarding the approval of a Fire Protection Agreement for Victoria between the two parties. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment-related agreements. The crux of the issue was whether the proposed agreement complied with the necessary legislative and regulatory frameworks, particularly focusing on the provisions of the Fair Work Act 2009.

The court had to determine if the agreement met the criteria for approval under section 235 of the Fair Work Act, which mandates that a registered organisation must apply for approval of an agreement, and the Commission must approve it if satisfied that it is in the best interests of the employees covered by the agreement. The court also needed to ensure that the agreement did not contravene any provisions of the Act, including those related to the protection of employees' rights and conditions.

The Commission found that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for dispute resolution, training, and other employee benefits. The court also found that the agreement complied with all relevant legislative and regulatory requirements, and therefore approved the agreement. The decision was made in light of the comprehensive nature of the agreement and its potential to improve the working conditions for employees within the specified scope.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established