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

[2024] FWCA 2653

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

(AG2024/2536)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JULY 2024

Application for approval of the Reliance Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Reliance Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 19 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Reliance Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024-2027. The union sought the court’s endorsement of the agreement, which outlined terms and conditions of employment for employees in the fire protection sector. The dispute centred on the compliance of the agreement with the Fair Work Act 2009.

The legal issues before the court encompassed whether the agreement met the requirements for registration as a registered agreement under the Fair Work Act. This included verifying that the agreement was made in good faith, provided for a fair and efficient method of determining wages and conditions, and did not unfairly discriminate against employees. Additionally, the court needed to determine if the agreement contained necessary provisions for minimum terms, such as pay rates, classification, and leave entitlements.

In considering these issues, the court examined the evidence presented and the provisions of the agreement. The union argued that the agreement was made in good faith, provided for fair and efficient methods of determining wages and conditions, and did not unfairly discriminate against employees. The court found that the agreement was comprehensive and contained all the necessary minimum terms as stipulated by the Fair Work Act. It also concluded that the agreement was made in good faith and did not unfairly discriminate against any employees. Therefore, the court approved the application and registered the agreement.

The court's final orders included the registration of the Reliance Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024-2027, confirming its compliance with the Fair Work Act. This decision provided certainty for both the union and the employer regarding the terms of employment for the period covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established