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

[2024] FWCA 3217

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

(AG2024/3280)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 9 SEPTEMBER 2024

Application for approval of the Fireshield Fire Services 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 Fireshield Fire Services 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 16 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 involved an application for approval of a Fire Protection Enterprise Agreement between Fireshield Fire Services Pty Ltd and the CEPU – Plumbing Division (Vic) for the years 2024 to 2027. The application was made to the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees involved.

The legal issues before the court included whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the coverage of the agreement, the classification of employees, and the provisions for employee protection and dispute resolution. Additionally, the court had to determine whether the agreement provided fair and reasonable terms and conditions for the employees and whether it adequately protected their interests.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the agreement in detail. The Commission found that the agreement complied with the statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement included provisions for dispute resolution, protection of employees, and classification of employees, which were in line with the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees and approved the agreement accordingly.

The Fair Work Commission approved the Fire Protection Enterprise Agreement between Fireshield Fire Services Pty Ltd and the CEPU – Plumbing Division (Vic) for the years 2024 to 2027, subject to the terms and conditions outlined in the agreement. The Commission noted that the agreement provided fair and reasonable terms and conditions for the employees and was in their best interests. The Commission also noted that the agreement complied with the statutory requirements of the Fair Work Act and was therefore approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established