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

[2024] FWCA 3285

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

(AG2024/3548)

SDR FIRE SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the SDR Fire Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the SDR Fire Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between SDR Fire Solutions Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic) Fire Protection. The agreement in question was the Fire Protection Enterprise Agreement 2024-2027. The dispute arose from the need to ensure that the terms and conditions of employment were fair and compliant with the relevant legislative framework.

The primary legal issues that the Commission needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement contained all the mandated minimum terms, whether it was free from any illegal content, and whether the process by which the agreement was made complied with the requirements of the Act. Specifically, the Commission had to ensure that the agreement provided for a minimum rate of pay, leave entitlements, and other conditions of employment as stipulated by the Act.

The Fair Work Commission carefully reviewed the agreement, confirming that it included all the required minimum terms and was free from any illegal content. The Commission also determined that the process by which the agreement was made was compliant with the provisions of the Fair Work Act. The Commission found that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Therefore, the application for approval was granted.

As a result, the Fire Protection Enterprise Agreement 2024-2027 was approved and is now legally binding on the parties. The Commission's decision ensures that the terms and conditions of employment are fair and compliant with the relevant legislation, providing a stable and predictable framework for the employer and employees to operate within.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established