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

[2024] FWCA 2742

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

(AG2024/2671)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2024

Application for approval of the B & T 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 B & T 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 the 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and B & T Fire Protection Pty Ltd (the "Employer"). The Union sought approval of the Fire Protection Enterprise Agreement 2024 – 2027 (the "Agreement") between the Employer and the CEPU – Plumbing Division (Vic). The dispute centred on whether the Agreement met the necessary legal standards for approval under the Fair Work Act 2009. The court was tasked with determining if the Agreement was in compliance with the provisions of the Act and whether it contained all the mandatory terms and conditions as required.

The court had to assess whether the Agreement complied with the procedural requirements outlined in the Fair Work Act, specifically sections concerning the negotiation, content, and approval of enterprise agreements. Key issues included whether the Agreement was genuinely negotiated, whether it contained all the mandated terms and conditions, and whether the agreement met the "better off overall test" (BOOT). The court also examined whether the Union had properly certified the agreement as meeting these requirements.

In its decision, the court reviewed the negotiation process and the content of the Agreement, finding that it had been genuinely negotiated between the parties. The court confirmed that the Agreement contained all necessary terms and conditions and satisfied the BOOT. The court was satisfied with the Union's certification process and determined that the Agreement met all statutory requirements for approval. Consequently, the court approved the Agreement, finding it to be fair and reasonable for the purposes of the Act.

The court's final order was the approval of the Fire Protection Enterprise Agreement 2024 – 2027 between B & T Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic), effective from 1 March 2024. The court's approval validated the Agreement, allowing it to be implemented between the parties as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established