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

[2024] FWCA 2751

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

(AG2024/2669)

SOUTH EAST FIRE AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2024

Application for approval of the South East Fire 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 South East Fire 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 2 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 parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the South East Fire and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The dispute arose in the Fair Work Commission, where the Union sought approval of the named enterprise agreement. The legal issues before the Commission centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment and whether it complied with the provisions for good faith bargaining.

The Commission considered the submissions made by the Union and the employer, examining the provisions of the agreement and the evidence presented. The Commission found that the agreement contained terms that were fair and reasonable, providing for appropriate rates of pay, conditions of employment, and dispute resolution mechanisms. The Commission also found that the agreement was the result of good faith bargaining, with both parties engaging in a meaningful negotiation process. As a result, the Commission approved the agreement.

The Fair Work Commission approved the South East Fire and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, finding that it met the necessary requirements under the Fair Work Act 2009. The agreement is now a legally binding contract between the Union and the employer, providing for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The approval of the agreement is an important step in ensuring that the employees in the fire protection industry receive fair treatment and protection under the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established