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

[2024] FWCA 3171

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

(AG2024/3261)

ALL SAFE 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 All Safe 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 All Safe 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and All Safe Fire Protection Pty Ltd. The Union sought approval of an enterprise agreement between itself and the employer for the period 2024 to 2027. The nature of the dispute centred on the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission (FWC).

The primary legal issues the Commission was required to determine were whether the agreement met the requirements of the Fair Work Act, including whether it was a genuine enterprise agreement, whether it contained only matters that could be included in an enterprise agreement, and whether it complied with the minimum standards set by the Act. The Commission also needed to consider whether the agreement was procedurally sound and whether it was made in good faith.

The Fair Work Commission examined the proposed agreement in detail and assessed it against the legislative framework provided by the Fair Work Act. The Commission determined that the agreement was genuinely an enterprise agreement, as it was made between the parties without any undue influence or coercion. The Commission also found that the agreement contained only matters that could be included in such an agreement and that it complied with the minimum standards. The Commission was satisfied that the agreement was made in good faith and was procedurally sound, as it had been appropriately negotiated and contained all necessary information. As a result, the Commission approved the All Safe Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027.

The final orders of the Commission were that the proposed enterprise agreement between the Union and All Safe Fire Protection Pty Ltd be approved as a valid and legally binding agreement, effective from 1 July 2024 until 30 June 2027. The approval granted by the Fair Work Commission ensures that the terms and conditions of employment set out in the agreement are enforceable under the Fair Work Act, providing certainty and stability for both the Union and the employer during the agreement period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established