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

[2024] FWCA 2812

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

(AG2024/2770)

BAYSIDE FIRE GROUP PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 31 JULY 2024

Application for approval of the Bayside Fire Group 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 Bayside Fire Group 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 7 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 Bayside Fire Group Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The parties in dispute were Bayside Fire Group Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by the CEPU – Plumbing Division (Vic). The crux of the matter was the certification and approval of an enterprise agreement between the employer and the union, which outlined the terms and conditions of employment for the period 2024 to 2027.

The primary legal issues the court had to address were whether the enterprise agreement complied with the Fair Work Act 2009 and if it was appropriately certified. This included determining whether the agreement met the requirements for "good faith" bargaining, and if the terms and conditions were fair and reasonable. The court also had to consider if the agreement adequately protected the rights of employees and if it was consistent with the broader objectives of the Fair Work Act, particularly in terms of promoting harmonious, productive, and cooperative workplace relationships.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the enterprise agreement met the necessary criteria for approval. The agreement was found to be the product of genuine and good faith negotiations, and its terms were deemed to be fair and reasonable. The Commission was satisfied that the agreement adequately safeguarded the rights of employees and did not undermine the broader objectives of the Fair Work Act. Consequently, the application for the approval of the Bayside Fire Group Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established