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

[2024] FWCA 2895

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

(AG2024/2825)

ARA FIRE PROTECTION SERVICES 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 ARA Fire Protection 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 ARA Fire Protection 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 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

The matter before the Fair Work Commission involved an application for the approval of the Fire Protection Enterprise Agreement 2024-2027 between ARA Fire Protection Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic). The agreement was contested on several grounds, including concerns about its compliance with the Fair Work Act 2009 and its adherence to the relevant provisions governing enterprise agreements. The Commission was tasked with determining whether the agreement met the necessary standards for approval and if it provided fair and equitable terms for the employees involved.

The primary legal issues the court had to address were whether the agreement complied with the requirements set out in the Fair Work Act 2009 and whether it appropriately balanced the interests of both the employer and the employees. This involved examining the procedural fairness of how the agreement was negotiated and whether it contained all the mandatory terms required by the Act. Additionally, the court needed to ensure that the agreement did not unfairly disadvantage any party and was in line with the principles of procedural fairness and good faith bargaining.

The Fair Work Commission, after reviewing the submitted evidence and submissions from both parties, found that the agreement did meet the necessary standards for approval. The Commission determined that the agreement was fairly negotiated, contained all the mandatory terms required by the Act, and provided a fair and equitable balance of interests for both the employer and the employees. The court was satisfied that the agreement was made in good faith and was procedurally fair, thereby meeting the criteria for approval under the Fair Work Act 2009. The Commission approved the Fire Protection Enterprise Agreement 2024-2027, effective from the date of the decision.

The final orders of the Commission were that the Fire Protection Enterprise Agreement 2024-2027 between ARA Fire Protection Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic), be approved in accordance with the Fair Work Act 2009. The agreement was to take effect from the date of the decision, ensuring that all terms and conditions were legally binding on both parties from that point forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established