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

[2024] FWCA 2732

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

(AG2024/2657)

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

Fire fighting services
COMMISSIONER LEE	MELBOURNE, 25 JULY 2024

Application for approval of the M & V 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 M & V 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 1 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 involves an application for the approval of the Fire Protection Enterprise Agreement 2024-2027 between M & V Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) – Plumbing Division (Vic). The application was heard in the Fair Work Commission. The union and the employer sought to have their enterprise agreement approved under the Fair Work Act 2009. The primary legal issue the Commission had to decide was whether the agreement met the requirements for approval under the Act, specifically whether it provided for fair and reasonable terms and conditions.

The Commission examined the agreement to ensure it adhered to the 'better off overall test', which requires that employees are at least as well off financially and in terms of conditions as they would be under the applicable awards or the general industrial law. The Commission also considered whether the agreement contained any terms that might be contrary to public policy or that were otherwise unenforceable. After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement met all the statutory criteria for approval. It provided for fair and reasonable terms and conditions and did not include any terms that were contrary to public policy.

Consequently, the Fair Work Commission approved the Fire Protection Enterprise Agreement 2024-2027. The approval was effective from the date of the decision and applied to all employees covered by the agreement. This decision ensures that the terms and conditions of employment for the relevant workers are governed by the agreement rather than the applicable awards or general industrial law.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established