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

[2022] FWCA 488

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

(AG2022/250)

RAW GTO Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 FEBRUARY 2022

Application for approval of the RAW GTO 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 RAW GTO 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 14 February 2022 and, in accordance with s 54, will operate from 21 February 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, and the Australian Building and Construction Commission, as the respondent. The applicant sought approval of the RAW GTO Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. This agreement was to cover the period from 2020 to 2023 and pertained to fire protection services within the state of Victoria. The Australian Building and Construction Commission opposed the application, raising concerns about the potential impact of the agreement on competition within the industry.

The court was tasked with determining whether the agreement met the criteria for approval under the relevant legislation. Specifically, the court had to consider whether the agreement would have an anti-competitive effect on the market and whether it was in the public interest. The applicant argued that the agreement was necessary to protect the interests of workers in the industry and to ensure the provision of high-quality fire protection services. The respondent contended that the agreement would reduce competition and lead to higher prices for consumers.

In reaching its decision, the court examined the terms of the agreement and the evidence presented by both parties. The court found that the agreement would not have a significant anti-competitive effect on the market and that it was in the public interest. The court noted that the agreement would not lead to higher prices for consumers and that it would ensure the provision of high-quality fire protection services. The court also found that the agreement was necessary to protect the interests of workers in the industry.

The court approved the agreement, subject to certain conditions. These conditions included a requirement that the parties provide regular reports to the Australian Building and Construction Commission on the implementation of the agreement and its impact on the market. The court also ordered that the agreement be reviewed by the Australian Building and Construction Commission every two years to ensure that it continued to meet the criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established