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

[2021] FWCA 6943

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
(AG2021/8484)

BRITTAIN FIRE PROTECTION PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 - 2022

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Brittain Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022

[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 Brittain Fire Protection 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.

[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 2 December 2021 and, in accordance with s 54, will operate from 9 December 2021. 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

The case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for the approval of the Brittain Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022. The dispute centred around the terms and conditions of employment and the collective agreement between the employer, Brittain Fire Protection Pty Ltd, and the union, CEPU. The primary concern was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement was genuinely a product of genuine collective bargaining, whether it provided for a fair and reasonable remuneration and conditions, and whether it adhered to the requirements of the Fair Work Act. The court also needed to ensure that the agreement did not contain any provisions that would have an adverse effect on the health and safety of employees or the broader workforce.

The Fair Work Commission examined the evidence provided by both parties and assessed the agreement against the statutory criteria. The court found that the agreement was the result of genuine collective bargaining, as there was no evidence of undue influence or coercion. It was also determined that the agreement provided fair and reasonable terms and conditions, and it did not contain any clauses that would adversely affect the health and safety of employees. The court was satisfied that the agreement met the necessary requirements for approval under the Fair Work Act. Consequently, the court approved the Brittain Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019-2022.

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