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

[2021] FWCA 7176

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
(AG2021/8772)

EXTINGUISH FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2021

Application for approval of the Extinguish Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

[1] 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 Extinguish Fire Protection 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.

[2] 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.

[3] 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.

[4] The Agreement was approved on 17 December 2021 and, in accordance with s 54, will operate from 24 December 2021. 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

In the recent decision, the Fair Work Commission considered an application by Extinguish Fire Protection Pty Ltd for approval of a Fire Protection Agreement with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. The application was heard and determined by the Fair Work Commission, which holds jurisdiction over such matters.

The legal issues before the Commission involved assessing whether the agreement was a single, indivisible agreement, and whether it was an enterprise agreement within the meaning of the Fair Work Act. Additionally, the Commission needed to determine whether the agreement was in the best interests of the employees and whether it complied with the statutory requirements, including the provisions related to good faith bargaining and the avoidance of employer-employee conflict. The Commission's task was to carefully examine the terms of the agreement, the bargaining process, and the impact on employees to make an informed decision.

The Fair Work Commission concluded that the agreement was indeed a single, indivisible enterprise agreement, and it satisfied the necessary statutory criteria. The Commission found that the agreement was in the best interests of the employees and that the bargaining process was conducted in good faith. The Commission also determined that the proposed agreement did not contain any terms that would unduly disadvantage employees or create unnecessary employer-employee conflict. Based on these findings, the Commission approved the agreement, acknowledging its potential benefits for both the employer and the employees.

The final orders of the Fair Work Commission approved the Fire Protection Agreement between Extinguish Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) for the period 2020-2023. The Commission's decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and are in the best interests of employees, while also promoting fair and productive employer-employee relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established