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

[2024] FWCA 3210

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

(AG2024/3292)

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

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 9 SEPTEMBER 2024

Premier Services Group Victoria 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 Premier Services Group Victoria 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 matter before the Fair Work Commission involved a dispute between Premier Services Group Victoria Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) over the CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union contested the employer's attempt to unilaterally alter the enterprise agreement, arguing that the changes contravened the Fair Work Act 2009 and the existing agreement terms. The Commission was tasked with determining whether the employer's proposed changes were justified under the act and the agreement.

The legal issues before the Commission centred on whether the employer had the lawful authority to make the proposed changes to the enterprise agreement unilaterally, and if the changes were procedurally and substantively fair. The union contended that the changes were not supported by the agreement and that the employer had failed to follow the necessary processes outlined in the Fair Work Act. The employer, on the other hand, argued that the changes were necessary to address operational needs and were within their rights under the agreement.

The Commission found that the employer did not have the lawful authority to make the proposed changes unilaterally, as the agreement did not provide for such alterations without the union's consent. The Commission also determined that the employer had not followed the required processes for making changes to the agreement, which further undermined the validity of the proposed changes. As a result, the Commission ruled that the employer's attempt to alter the enterprise agreement was unlawful. Consequently, the changes were not upheld, and the existing terms of the agreement remained in force.

In light of these findings, the Commission made orders to ensure that the employer complied with the existing enterprise agreement and that no unilateral changes were implemented without the union's agreement. The employer was directed to cease and desist from enforcing the unauthorised changes and to adhere to the terms of the existing agreement. The Commission's decision reinforced the importance of following the correct procedures and obtaining the necessary consents when making changes to an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established