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

[2024] FWCA 2913

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

(AG2024/2870)

FIRE FIGHTING SYSTEMS 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 Fire Fighting Systems 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 Fighting Systems 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 before the Fair Work Commission involved an application for the approval of the Fire Fighting Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The dispute centred on the procedural fairness of the agreement's negotiation and the compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it contained all the mandatory terms and conditions as required by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise. The central question was whether the application satisfied the criteria for approval under section 235 of the Act.

The Commission carefully examined the evidence presented regarding the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated between the parties and contained all the necessary mandatory terms. The Commission concluded that the application for approval met the requirements of the Act, noting the proper conduct of the negotiation process and the comprehensive nature of the agreement. Consequently, the Commission approved the Fire Fighting Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027.

The Fair Work Commission approved the agreement, finding it to be genuinely negotiated and compliant with the Fair Work Act. The Commission's decision was based on the evidence provided, which demonstrated that the agreement was made in good faith and contained all the required terms and conditions. The approval ensures that the agreement will govern the employment conditions for the relevant employees 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