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

[2024] FWCA 3031

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

(AG2024/3045)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 19 AUGUST 2024

Application for approval of the Alfie Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Alfie Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection 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 26 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 before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Alfie Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement 2024 – 2027. The dispute arose from the negotiation and subsequent agreement between the union and the employer, which aimed to regulate employment conditions for the period spanning from 2024 to 2027. The Fair Work Commission was tasked with assessing the agreement under the Fair Work Act 2009 to ensure compliance with the statutory requirements and to ascertain whether the agreement served the interests of the employees fairly and effectively.

The primary legal issues before the Commission centred on whether the agreement met the criteria for approval under section 235 of the Fair Work Act. This required scrutiny of several aspects, including whether the agreement provided for a fair and efficient workplace, whether it allowed for genuine collective bargaining, and whether it included provisions that protected the rights and interests of employees. Additionally, the Commission had to examine if the agreement contained all the mandatory terms and conditions stipulated by the Act, and whether it adhered to the provisions regarding enterprise agreements, particularly those concerning minimum wages, hours of work, and other employment conditions.

In delivering its decision, the Commission meticulously reviewed the agreement clause by clause. It found that the agreement provided for fair and efficient workplace practices and did not contravene the mandatory terms set out in the Act. The Commission was satisfied that the agreement represented the outcome of genuine collective bargaining and did not unfairly disadvantage employees. Furthermore, it determined that the agreement included all required provisions and was compliant with the legislative framework. Consequently, the Commission approved the agreement, acknowledging its alignment with the legislative intent and its potential to foster a fair and productive employment relationship between the parties.

In conclusion, the Fair Work Commission approved the Alfie Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement 2024 – 2027, finding it to be compliant with the statutory requirements and fair to employees. The Commission's decision was grounded on the comprehensive examination of the agreement and its adherence to the principles of collective bargaining and employee protection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established