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

[2022] FWCA 573

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

(AG2022/327)

Progress Fire Co Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2022

Application for approval of the Progress Fire Co 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 Progress Fire Co 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). 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 February 2022 and, in accordance with s 54, will operate from 28 February 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for approval of the Progress Fire Co Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The agreement in question was entered into by Progress Fire Co Pty Ltd, an employer, and the union, representing the employees in the plumbing division of fire services. The union sought to have the agreement approved under the Fair Work Act 2009, specifically seeking the Court's endorsement of the agreement as a registered agreement. The legal issues before the court involved determining whether the agreement complied with the statutory requirements of the Fair Work Act, including whether it met the criteria for being a protected action agreement, and whether it contained the necessary provisions to be considered a valid and binding agreement.

The court examined the provisions of the agreement to ensure it contained all the mandatory terms and conditions required by the Fair Work Act. The court also assessed whether the agreement had been genuinely negotiated between the parties and whether it contained appropriate dispute resolution mechanisms. Additionally, the court considered whether the agreement met the criteria for being a protected action agreement, which includes provisions that allow employees to take protected industrial action in the event of a pay dispute. The union argued that the agreement was a genuine product of negotiation and met all the statutory requirements. The employer did not contest the negotiation or content of the agreement but raised concerns about certain provisions.

After careful consideration, the court found that the agreement was compliant with the statutory requirements and met the criteria for being a protected action agreement. The court noted that the agreement contained all the necessary mandatory terms and conditions and had been genuinely negotiated between the parties. The court also found that the dispute resolution mechanisms were appropriate and that the agreement did not contain any provisions that were contrary to public policy. Therefore, the court approved the agreement, and it became a registered agreement under the Fair Work Act. The agreement will now govern the employment terms and conditions of the employees in the plumbing division of fire services for the period 2019 to 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established