Leemark Fire Protection Pty Ltd Summary

[2022] FWCA 473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leemark Fire Protection Pty Ltd

(AG2022/245)

Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Leemark Fire Protection Pty Ltd has made an application for approval of an enterprise agreement known as the Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The Agreement was approved on 11 February 2022 and, in accordance with s 54, will operate from 18 February 2022. 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 Fair Work Commission, the applicant Leemark Fire Protection Pty Ltd applied for the approval of the Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The respondent, CEPU - Plumbing Division (Vic), objected to the approval of the agreement on the basis that it failed to comply with the requirements of section 234 of the Fair Work Act 2009. The applicant contended that the agreement was made in good faith and was compliant with the relevant provisions of the Act.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to the requirements of section 234 of the Fair Work Act 2009. This section mandates that an enterprise agreement must not include provisions that are contrary to public policy. The Commission had to determine if the agreement contained any provisions that contravened this requirement.

The Fair Work Commission examined the provisions of the agreement and found that the agreement was largely compliant with the requirements of section 234 of the Fair Work Act 2009. The Commission identified that certain provisions related to the classification of employees were contrary to public policy. However, the Commission accepted the applicant's argument that these provisions were not intended to be contrary to public policy and were instead a result of an administrative error. The Commission concluded that the agreement was otherwise compliant with the requirements of the Act.

The Fair Work Commission approved the Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, with the condition that the provisions relating to the classification of employees be amended to reflect the correct classification. The respondent's objection to the approval of the agreement was dismissed.

Leemark Fire Protection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established