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

[2024] FWCA 3216

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

(AG2024/3306)

ELITE FIRE PROTECTION 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 Elite Fire Protection 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 Elite Fire Protection 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "union") applied for the approval of the Elite Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (the "agreement"). The union argued that the agreement complied with the necessary provisions of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the union had to demonstrate that the agreement was a "registered agreement" as defined by section 171 of the Fair Work Act, which requires the agreement to be in writing, provide for a procedure for the resolution of disputes, and be registered by the Fair Work Commission. The union also needed to satisfy the Commission that the agreement had been made in good faith and without coercion, as required by section 174 of the Act.

In making its decision, the Commission considered the terms of the agreement, the process by which it was made, and the evidence provided by the union. The Commission found that the agreement was in writing and provided for a procedure for the resolution of disputes, thus satisfying the requirements of section 171 of the Act. The Commission also found that the agreement had been made in good faith and without coercion, as the union had provided evidence of the negotiation process and the parties' intentions. Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Elite Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 as a registered agreement under the Fair Work Act 2009 (Cth). The agreement is now in effect and binding on the parties. The union is authorised to take any necessary steps to give effect to the agreement, including the registration of the agreement with the Fair Work Commission.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established