DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch
(AG2021/78)

PHOENIX FIRE PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Phoenix Fire Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch (CEPU) has made an application for approval of an enterprise agreement known as the Phoenix Fire Pty Ltd and ETU Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[4] 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 February 2021 and, in accordance with s 54, will operate from 9 February 2021. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch, the Fair Work Commission was called upon to assess the application for approval of the Phoenix Fire Pty Ltd and ETU Enterprise Agreement 2018-2021. The union, representing employees of Phoenix Fire Pty Ltd, had lodged the agreement for consideration, seeking formal endorsement by the Commission. The dispute centred around the terms and conditions outlined within the agreement, with specific attention paid to whether the proposed conditions complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether the agreement provided for the fair and efficient resolution of workplace issues, ensured the employees' rights and entitlements were protected, and adhered to the requirements of the Act, including the provision of a safety net of minimum terms and conditions. Additionally, the Commission needed to determine if the agreement provided for the proper balance between the parties' interests and if it was made in good faith.

The Fair Work Commission examined the application thoroughly, considering the arguments presented by both the union and the employer. The Commission found that the agreement contained provisions that aligned with the statutory requirements, including the protection of employees' rights and the provision of a safety net. The Commission also considered the good faith negotiation process and the balance of interests between the parties. Ultimately, the Commission concluded that the agreement was fair and appropriate for approval. It satisfied the criteria for endorsement and met the statutory requirements under the Fair Work Act.

As a result of the Commission's decision, the Phoenix Fire Pty Ltd and ETU Enterprise Agreement 2018-2021 was approved. This approval formalises the terms and conditions of employment for the relevant employees, ensuring that the agreement will provide a framework for resolving workplace issues and protecting employees' rights and entitlements for the duration of the agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established