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

[2024] FWCA 2747

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

(AG2024/2660)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2024

Application for approval of the Allied 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 Allied 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 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 matter before the Fair Work Commission involved an application for approval of the Allied Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union and the employer sought the Commission's endorsement of the agreement, which outlined the terms and conditions of employment for the relevant workers over the specified period. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must be approved by the Commission if they are to have legal effect.

The key legal issues before the Commission included whether the agreement complied with the formal requirements of the Act, whether it was made in good faith, and whether it contained the necessary safety net provisions. The Commission needed to determine if the agreement met the criteria for being a "better off overall" agreement and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to ensure that the agreement did not undermine the existing safety net protections provided by the National Employment Standards and modern awards.

In examining the application, the Commission considered the submissions from both the union and the employer, along with any relevant evidence. It assessed whether the agreement adequately addressed the interests of the employees and whether it was made without any coercion or undue influence. The Commission also verified that the agreement included provisions for minimum rates of pay, maximum weekly hours of work, and other conditions that were not less favourable than the applicable modern award. After thorough consideration, the Commission found that the agreement met all the necessary legal requirements and was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Allied Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. This decision ensures that the agreement will have legal effect and will govern the employment conditions for the relevant workers over the coming three years. The approval is subject to the ongoing compliance with the Act and the terms of the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established