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

[2021] FWCA 6356

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 - Plumbing Division
(AG2021/7858)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 OCTOBER 2021

Application for approval of the First Call Fire Services 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 - Plumbing Division (CEPU) has made an application for approval of the First Call Fire Services 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 20 October 2021 and, in accordance with s 54, will operate from 27 October 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division to seek approval of a collective agreement. The agreement in question was the First Call Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The primary concern of the application was to obtain the Fair Work Commission's approval of this agreement under the Fair Work Act 2009. The court was tasked with determining whether the agreement complied with the legal requirements and whether it should be approved as a registered agreement.

The court considered several key legal issues in its decision. These included whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it was a genuine agreement, whether it was appropriately certified, and whether it contained the required provisions for fair work. Additionally, the court examined whether the agreement met the standard conditions of registration and whether it was consistent with the overarching principles of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

In delivering its judgment, the court meticulously reviewed the terms of the agreement and the processes by which it was formed. The court found that the agreement was genuine, as it was made by the parties involved without any element of coercion or undue influence. It was also certified appropriately, meeting the necessary standards under the Fair Work Act. The court further concluded that the agreement contained all the requisite provisions and did not contravene any of the conditions set out in the Act. As a result, the court determined that the agreement should be approved and registered, ensuring it would serve as a binding contract between the employer and the union, thereby promoting fair and productive workplace relations.

In conclusion, the court approved the application for the registration of the First Call Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The court found that the agreement met all legal requirements and would serve the interests of fair and cooperative workplace relations. This decision ensures that the agreement can now be enforced as a legally binding contract, providing stability and clarity in the workplace for the duration of the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established