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

[2022] FWCA 205

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

(AG2021/9110)

Aim Fire & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JANUARY 2022

Application for approval of the Aim Fire & Electrical 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 Aim Fire & Electrical 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

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 25 January 2022 and, in accordance with s 54, will operate from 1 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, filed an application for the approval of a fire protection agreement between Aim Fire & Electrical Pty Ltd and the CEPU - Plumbing Division (Vic). The application was heard in the Fair Work Commission. The union sought approval of the agreement, which would regulate the terms and conditions of employment for employees working in the fire protection sector.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement. The union argued that the agreement was necessary to address the specific needs of the fire protection industry, while Aim Fire & Electrical Pty Ltd expressed concerns about certain provisions of the agreement. The Commission had to determine if the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was in the best interests of the employees and met the requirements for an enterprise agreement. The Commission considered the specific needs of the fire protection industry and the provisions of the agreement, and determined that the agreement provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to address the concerns of Aim Fire & Electrical Pty Ltd. The union and the employer were directed to implement the agreement and make the necessary modifications.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established