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

[2024] FWCA 2305

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

(AG2024/2151)

SUPREME FIRE PROTECTION SERVICES PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2023 - 2026

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JUNE 2024

Application for approval of the Supreme Fire Protection Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026

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 Supreme Fire Protection Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 20 June 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, seeking approval of a collective agreement between Supreme Fire Protection Services Pty Ltd and the CEPU Plumbing Division Fire Services Union for the years 2023 to 2026. The union's application was brought under the provisions of the Industrial Relations Act, which mandates the court's approval for certain aspects of collective agreements. The court was tasked with determining whether the agreement met the legal standards and requirements set out in the Act, including fairness, reasonableness, and compliance with relevant industrial laws.

The primary legal issues before the court were whether the agreement complied with the statutory provisions for approval, and whether it was fair and reasonable for the employees covered by it. The court had to consider the terms of the agreement in detail, assessing whether they provided adequate protections for employees, were consistent with broader industrial policy, and did not unfairly disadvantage either party. Additionally, the court needed to ensure that the agreement did not contravene any provisions of the Industrial Relations Act or other relevant legislation.

The court examined the agreement's provisions thoroughly, assessing its compliance with the statutory criteria for approval. The union argued that the agreement was fair and reasonable, providing necessary protections and benefits for employees while balancing the interests of both parties. The employer did not contest the fairness or reasonableness of the agreement but highlighted certain clauses that warranted close scrutiny. After careful consideration, the court found that the agreement met the legal standards required for approval, as it provided equitable terms for employees and did not contravene any industrial laws. The court concluded that the agreement was fair, reasonable, and in compliance with the relevant legislation.

The court approved the collective agreement, allowing it to take effect from the specified period. This decision provided certainty to both the union and the employer, ensuring that the terms of employment were legally binding and enforceable. The union's application was therefore successful, and the agreement was granted the necessary approval under the Industrial Relations Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established