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

[2024] FWCA 3172

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

(AG2024/3263)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 3 SEPTEMBER 2024

Application for approval of the Element 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 Element 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 10 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 an application for the approval of the Fire Protection Enterprise Agreement between Element Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division (Vic). The dispute centred on whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was in the public interest and if it provided for fair and reasonable terms and conditions of employment.

The primary legal issues the Commission needed to resolve were whether the agreement was genuinely negotiated and if it provided for terms and conditions that were fair and reasonable. This included assessing if the agreement covered the necessary minimum terms as prescribed by the Act, and if it complied with any relevant modern awards or orders. Additionally, the Commission had to ensure that the agreement did not negatively impact the public interest, particularly in relation to essential services provided by Element Fire Protection Pty Ltd.

In delivering its decision, the Commission examined the evidence provided by both parties and considered the relevant legal framework. It found that the agreement had been genuinely negotiated between the employer and the union, and that it contained terms and conditions that were fair and reasonable. The Commission confirmed that the agreement covered all the necessary minimum terms and did not adversely affect the public interest. Accordingly, the Commission approved the Enterprise Agreement, finding that it met all the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Element Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, confirming that it was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The agreement was found to comply with all relevant statutory requirements and did not negatively impact the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established