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

[2024] FWCA 2703

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

(AG2024/2587)

PARAMOUNT FIRE CONSTRUCTION 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 Paramount Fire Construction 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 Paramount Fire Construction 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, on behalf of the CEPU – Plumbing Division (Vic) members, and Paramount Fire Construction Pty Ltd. The dispute arose from an application for the approval of the Fire Protection Enterprise Agreement 2024 – 2027. This case was heard by the Fair Work Commission (FWC), a federal workplace relations tribunal in Australia.

The primary legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for a safety net of minimum wages and conditions, allowed for flexibility in the workforce, and provided for the resolution of workplace disputes. The FWC also needed to consider whether the agreement was made in good faith and without coercion.

The FWC found that the agreement satisfied all the requirements for approval. The agreement provided for a safety net of minimum wages and conditions, which met the standards set out in the modern awards. The FWC also found that the agreement allowed for flexibility in the workforce, with provisions for casual and part-time employment, as well as provisions for the use of labour-hire arrangements. The FWC further found that the agreement provided for the resolution of workplace disputes, with a clear dispute resolution process outlined in the agreement. Finally, the FWC found that the agreement was made in good faith and without coercion, with evidence provided to the FWC of the bargaining process and the parties' conduct during the negotiations.

As a result, the FWC approved the Fire Protection Enterprise Agreement 2024 – 2027, effective from the date of the FWC's decision. The agreement will now apply to the members of the CEPU – Plumbing Division (Vic) employed by Paramount Fire Construction Pty Ltd, providing them with a framework for their employment conditions for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established