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

[2024] FWCA 2707

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

(AG2024/2592)

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

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 23 JULY 2024

Application for approval of the Nextgen 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 Nextgen 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.

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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Nextgen Fire Protection Pty Ltd, with the dispute centering around the approval of the Fire Protection Enterprise Agreement 2024-2027. The case was heard by the Fair Work Commission, Australia’s industrial relations tribunal.

The primary legal issue the court had to address was whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. This involved examining if the agreement was made in good faith, if it contained the minimum terms and conditions as prescribed by the Act, and if it was free from any illegality or contravention of the Act.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandated minimum terms and conditions. The commission also determined that the agreement did not contravene the Act in any way. Therefore, the court approved the Fire Protection Enterprise Agreement 2024-2027, finding it to be compliant with all relevant legal standards.

The final orders of the court were that the Fire Protection Enterprise Agreement 2024-2027 between Nextgen Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) be approved as of the effective date specified in the agreement. This approval allows the agreement to have full legal effect and binding force between the parties.

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