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

[2021] FWCA 6751

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
(AG2021/8266)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 NOVEMBER 2021

Application for approval of the Premier Services Group Victoria 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 the Premier Services Group Victoria 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. 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.

[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 18 November 2021 and, in accordance with s 54, will operate from 25 November 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Premier Services Group Victoria Pty Ltd. The Union applied to the Fair Work Commission for approval of a Fire Protection Agreement for the period 2020 to 2023, specifically concerning the Plumbing Division in Victoria. The application was made under the Fair Work Act 2009, which requires the Commission to consider whether the agreement provides for fair and reasonable terms and conditions, and whether it meets the criteria set out in the legislation for approval.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. The Commission had to determine if the terms of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer. The Commission also needed to assess whether the agreement adequately provided for the terms and conditions of employment, including any provisions for redundancy, termination, and dispute resolution.

In making its decision, the Commission considered the nature of the agreement and the context in which it was proposed. The Commission evaluated the terms and conditions set out in the agreement, including those related to wages, hours of work, leave entitlements, and other employment matters. The Commission also examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. After thorough consideration, the Commission found that the agreement was fair and reasonable and met the statutory criteria for approval. The Commission approved the agreement, recognising its importance in providing for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The final orders of the Commission were that the Fire Protection Agreement between the Union and Premier Services Group Victoria Pty Ltd for the period 2020 to 2023, concerning the Plumbing Division in Victoria, was approved under the Fair Work Act. This approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing a framework for their employment and addressing matters such as wages, hours of work, and dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established