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

[2024] FWCA 2647

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

(AG2024/2480)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2024

Application for approval of the Roar Fire Systems 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 Roar Fire Systems 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). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, 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 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 17 July 2024.

DEPUTY PRESIDEN

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Roar Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024–2027 under section 234 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The employer, Roar Fire Systems Pty Ltd, did not oppose the application, but several other parties raised concerns about the agreement, particularly in relation to its provisions on classification and wages for employees in the fire protection industry.

The central legal issue was whether the provisions of the enterprise agreement met the requirements of the Fair Work Act, specifically whether they provided for the fair and equitable treatment of employees, and whether they were consistent with the Act's provisions on enterprise agreements. The court had to consider whether the agreement provided adequate safeguards for employees and whether it contained provisions that were in the interests of the employees and the employer.

The Fair Work Commission found that the agreement provided for fair and equitable treatment of employees and contained provisions that were in their interests and those of the employer. The Commission noted that the agreement contained provisions that aligned with the Fair Work Act's objectives, including provisions on classification, wages, and conditions of employment. The Commission was satisfied that the agreement met the requirements of the Act and approved the Roar Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024–2027. The Commission found that the agreement provided adequate safeguards for employees and that it was in the best interests of both the employees and the employer. The Commission also noted that the agreement contained provisions that promoted productivity and efficiency in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established