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

[2024] FWCA 2896

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

(AG2024/2832)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 6 AUGUST 2024

Application for approval of the Action Fire Services Projects 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 Action Fire Services Projects 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 13 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 lodged an application seeking approval of the Action Fire Services Projects Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The agreement in question was the result of negotiations between the union and the employer, and it outlines the terms and conditions of employment for employees of Action Fire Services Projects Pty Ltd who are members of the union. The union sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement complied with the provisions of the Act, such as ensuring it was not less favourable than the applicable minimum terms and conditions, and that it was made in good faith and not for the purposes of defeating the Act's objectives. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether the union had provided sufficient evidence of its members' support for the agreement.

In making its decision, the Commission examined the evidence and submissions provided by both parties. It considered the terms of the agreement and whether they met the criteria for approval under the Act. The Commission found that the agreement had been genuinely negotiated and that the union had provided sufficient evidence of its members' support for the agreement. The Commission was satisfied that the agreement was not less favourable than the applicable minimum terms and conditions and that it was made in good faith. The Commission also noted that the agreement contained provisions that went beyond the minimum entitlements required by the Act, such as provisions for additional leave and allowances. Based on these findings, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Action Fire Services Projects Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 as a registered enterprise agreement under the Fair Work Act 2009. The agreement will now apply to employees of Action Fire Services Projects Pty Ltd who are members of the union, and it will remain in effect until the end of the agreement's term in 2027. The approval of the agreement ensures that the employees covered by the agreement will receive the terms and conditions outlined in the agreement, which were negotiated between the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established