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

[2024] FWCA 2712

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

(AG2024/2633)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 23 JULY 2024

Application for approval of the CCSJ 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 CCSJ 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.

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 30 July 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 union sought approval of an enterprise agreement for the plumbing division of the fire protection industry in Victoria. The applicant union and the employer were unable to reach an agreement on certain terms of the enterprise agreement, including those relating to pay rates, conditions, and dispute resolution. The matter was brought before the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were in the best interests of the employees and whether they complied with the requirements of the Fair Work Act 2009. The applicant union argued that the agreement was fair and reasonable, while the employer argued that certain terms were not in the best interests of the employees.

The Fair Work Commission found that the terms of the enterprise agreement were in the best interests of the employees and were compliant with the Fair Work Act 2009. The Commission considered the nature of the industry, the bargaining positions of the parties, and the terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and that it was in the best interests of the employees to approve the agreement.

The Fair Work Commission approved the CCSJ Fire Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, effective from 1 January 2024. The agreement includes provisions relating to pay rates, conditions, and dispute resolution, among other things. The employer and the applicant union are bound by the terms of the agreement for the duration of its operation.

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