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

[2024] FWCA 3061

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

(AG2024/3089)

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

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 21 AUGUST 2024

Application for approval of the Signal Fire Services 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 Signal Fire Services 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 28 August 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 involved an application for the approval of an enterprise agreement between Signal Fire Services Pty Ltd and the CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009, as it required the FWC's approval to become a registered agreement. The dispute centred on the terms and conditions of employment within the agreement, and whether these terms complied with the requirements of the Act.

The central legal issue before the FWC was whether the agreement met the statutory criteria for approval under the Fair Work Act. This included whether the agreement had been made in good faith and whether it provided for the proper operation of the enterprise. Furthermore, the FWC had to consider whether the agreement was free from any illegality, and whether it complied with the relevant minimum standards set out in the National Employment Standards and the Fair Work (Registered Organisations) Act 2009.

The FWC determined that the agreement satisfied the statutory criteria for approval. The FWC found that the agreement had been made in good faith and provided for the proper operation of the enterprise. The FWC also determined that the agreement was free from illegality and that it complied with the relevant minimum standards. In reaching this conclusion, the FWC took into account the evidence provided by both parties, as well as the relevant provisions of the Fair Work Act and associated regulations.

The FWC approved the Signal Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024-2027, subject to certain conditions. These conditions included the requirement for the agreement to be registered with the Fair Work Commission, and for the parties to provide certain information to the FWC in the future. The approval of the agreement means that it will now be a legally binding document between the parties, and will provide the basis for the terms and conditions of employment for the employees covered by the agreement.

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