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

[2024] FWCA 2956

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

(AG2024/2946)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 AUGUST 2024

Application for approval of the Extinguish Fire Protection 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 Extinguish Fire Protection 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 19 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 for the approval of an enterprise agreement between Extinguish Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, specifically the CEPU – Plumbing Division (Vic). The application was brought forth to obtain the necessary endorsement for the agreement, which covers the period from 2024 to 2027. The agreement aimed to outline the terms and conditions of employment for employees within the specified division and company, including wages, working conditions, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, was free from coercion, and provided for the resolution of any disputes. Additionally, the Commission needed to determine if the agreement included provisions that were consistent with the National Employment Standards and if it provided for a fair and reasonable outcome for both parties.

In considering these issues, the Commission examined the negotiation process, the content of the agreement, and the evidence provided by both parties. The Commission noted that the agreement was the result of good faith negotiations and that it contained provisions that were fair and reasonable. It found that the agreement provided for the resolution of disputes through the appropriate channels and included provisions that aligned with the National Employment Standards. Therefore, the Commission was satisfied that the agreement met the necessary criteria for approval.

Consequently, the Fair Work Commission approved the Extinguish Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement 2024 – 2027, endorsing it as a legally binding enterprise agreement. This approval ensures that the terms and conditions outlined in the agreement are enforceable and provide a framework for the employment relationship between the parties during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established