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

[2024] FWCA 2912

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

(AG2024/2868)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 7 AUGUST 2024

Application for approval of the First Call 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 First Call 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 14 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 case involves an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and First Call Fire Services Pty Ltd. The agreement pertains to the CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The application was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and ensuring compliance with employment standards and industrial relations laws.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and equitable terms and conditions of employment, including minimum wages, and whether it was free from any unfair provisions as defined by the Act. Additionally, the Commission considered whether the agreement was made in good faith and whether it complied with the requirements for bargaining and making an enterprise agreement.

In reaching its decision, the Commission examined the contents of the proposed agreement, the process by which it was negotiated, and the evidence presented regarding the fairness of the agreement's terms. The Commission assessed whether the agreement provided for a reasonable balance of rights and obligations between the parties and whether it met the statutory criteria for approval. The Commission also considered the evidence of the parties' bargaining positions, the nature of the dispute, and any other relevant factors.

Following its review, the Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and equitable terms and conditions of employment, was free from any unfair provisions, and was made in good faith. The Commission approved the agreement, which will now govern the terms and conditions of employment for the employees of First Call Fire Services Pty Ltd covered by the agreement. The approval of the enterprise agreement ensures that the terms and conditions of employment are legally binding on both parties for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established