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

[2024] FWCA 2765

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

(AG2024/2707)

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

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 29 JULY 2024

Application for approval of the IQ Fire 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 IQ Fire 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 5 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval from the Fair Work Commission for the IQ Fire Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions. The case was heard in the Fair Work Commission.

The legal issues before the court centred on whether the provisions of the enterprise agreement were fair and reasonable, in line with the requirements of the Fair Work Act 2009. This involved an assessment of whether the agreement met the "better off overall test" and if it contained provisions that were fair and reasonable in all respects. The court had to consider the fairness of the agreement's terms and conditions, including remuneration, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the majority of the provisions in the enterprise agreement were fair and reasonable. It noted that the agreement provided for above award wage increases, additional leave entitlements, and other benefits that made employees better off overall. The court was satisfied that the agreement included appropriate dispute resolution processes and that the terms were not unreasonable. Consequently, the Commission approved the enterprise agreement, subject to minor amendments to certain clauses to ensure compliance with the law.

The final orders of the Commission included the approval of the enterprise agreement with the specified amendments. The agreement was to take effect from the date of the Commission's decision and be registered accordingly. This decision provided certainty to both the employer and the employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established