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

[2024] FWCA 3213

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

(AG2024/3284)

DOMESTIC FIRE SPRINKLERS 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 Domestic Fire Sprinklers 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 Domestic Fire Sprinklers 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 dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Domestic Fire Sprinklers Pty Ltd, along with the CEPU – Plumbing Division (Vic) Fire Protection, was brought before the Fair Work Commission. The matter involved an application for the approval of the Domestic Fire Sprinklers Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, while the employer contested certain provisions of the agreement.

The primary legal issues that the Fair Work Commission had to resolve were whether the agreement met the criteria for registration and if it complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement was genuinely negotiated and whether it contained the mandatory minimum terms and conditions required by law. The Commission also had to consider if the agreement was fair and balanced, taking into account the interests of both parties.

In examining the agreement, the Fair Work Commission found that it had been genuinely negotiated between the parties. The Commission also determined that the agreement included all the mandatory minimum terms and conditions stipulated by the Fair Work Act. Additionally, the Commission assessed that the agreement was fair and balanced, considering the interests of both the employer and the employees. Consequently, the Commission approved the agreement, and it was registered as a registered agreement under the Fair Work Act.

The Fair Work Commission's decision was to approve the Domestic Fire Sprinklers Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, recognising it as a valid and legally binding agreement between the employer and the union. This ruling ensures that the agreement will be enforceable and will govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established