Leemark Industries Pty Ltd

[2022] FWCA 571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leemark Industries Pty Ltd

(AG2022/354)

Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Leemark Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Leemark Industries 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).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 18 February 2022 and, in accordance with s 54, will operate from 25 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

The parties involved in this case were Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic), who sought approval for their Fire Protection Agreement Victoria 2020-2023. The dispute was heard in the Fair Work Commission, where the applicants sought to have their agreement approved under the Fair Work Act 2009. The applicants argued that their agreement met the requirements for an enterprise agreement and should be approved by the Commission.

The legal issues the court was required to decide included whether the agreement met the definition of an enterprise agreement as outlined in the Fair Work Act 2009. The court also needed to determine whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the court needed to consider whether the agreement was likely to have a positive effect on the employment relationship and whether it complied with any relevant awards or other agreements.

The court found that the agreement met the definition of an enterprise agreement and had been made in good faith. The agreement contained the necessary minimum terms and conditions and was likely to have a positive effect on the employment relationship. The court also found that the agreement complied with any relevant awards or other agreements. Based on these findings, the court approved the Fire Protection Agreement Victoria 2020-2023.

The court made an order approving the Fire Protection Agreement Victoria 2020-2023 between Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic). The agreement was approved as a registered agreement under the Fair Work Act 2009 and would be in effect from 1 July 2020 until 30 June 2023. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for employees and employers in the fire protection industry in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established