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

[2024] FWCA 2811

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

(AG2024/2767)

SRD FIRE PROTECTION 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 SRD Fire Protection 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 SRD Fire Protection 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 involved an application for the approval of a Fire Protection Enterprise Agreement between the SRD Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic). The application was brought before the Fair Work Commission. The primary dispute was whether the proposed agreement met all the requirements set out under the Fair Work Act 2009, including provisions for minimum entitlements, dispute resolution, and procedural fairness. The union and the employer had reached a negotiated agreement, but its validity and enforceability hinged on its compliance with the statutory framework.

The legal issues before the court encompassed whether the agreement adequately covered minimum entitlements as per the Fair Work Act, if it complied with procedural fairness standards, and if the dispute resolution mechanisms were appropriate. A critical issue was whether the agreement was made in good faith and whether it contained all necessary terms and conditions for a valid enterprise agreement. Additionally, the court examined if the agreement was fairly and appropriately negotiated, ensuring that it did not disadvantage employees unduly.

The Fair Work Commission found that the agreement met all statutory requirements. It determined that the agreement provided for the minimum entitlements outlined in the Fair Work Act and was procedurally fair. The court was satisfied with the dispute resolution mechanisms and found that they were reasonable and accessible. The commission noted that the negotiation process was conducted in good faith and that the agreement did not contain any terms that would disadvantage employees. Consequently, the commission approved the agreement, confirming its validity and enforceability.

The final order of the commission was to approve the Fire Protection Enterprise Agreement 2024 – 2027 between SRD Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic). This decision means that the agreement is now a legally binding contract between the parties and will govern the employment terms of the employees covered by the agreement for 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