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

[2024] FWCA 3042

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

(AG2024/3021)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 AUGUST 2024

Application for approval of the Fire Master 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 Fire Master 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 the 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 27 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Fire Master Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union argued that the proposed agreement was in the best interests of the employees covered by it. Conversely, Fire Master Pty Ltd contested the approval, raising concerns about the fairness and appropriateness of the agreement's provisions.

The central legal issue before the Commission was whether the terms and conditions set out in the enterprise agreement were fair and appropriate. This required the Commission to consider various factors, including the balance of the agreement, whether it was made in good faith, and whether it appropriately addressed the needs and interests of the employees. Additionally, the Commission had to assess whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in accordance with the Fair Work (Registered Organisations) Act 2009.

After carefully reviewing the evidence and submissions from both parties, the Commission determined that the agreement was fair and appropriate. The Commission found that the agreement adequately balanced the interests of both the employer and the employees, and it was made in good faith. The terms of the agreement met the legislative requirements, and the Commission was satisfied that the agreement was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement.

The Commission's approval of the Fire Master Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 was based on its determination that the agreement was fair and appropriate. The Commission's decision provided clarity and certainty for both the union and the employer regarding the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established