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

[2024] FWCA 2239

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

(AG2024/2001)

FAST & RELIABLE SPRINKLER FIRE SERVICES AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2024

Application for approval of the Fast & Reliable Sprinkler Fire Services 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 Fast & Reliable Sprinkler Fire Services 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 17 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Fast & Reliable Sprinkler Fire Services and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union sought the court's approval of the enterprise agreement. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth).

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval. Specifically, the court had to determine whether the agreement was made in good faith, contained the prescribed minimum terms and conditions, and was certified by a relevant independent umpire. The union argued that the agreement fulfilled all necessary criteria, while the employer maintained that certain aspects of the agreement did not comply with the legislation.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the prescribed minimum terms and conditions. The court also accepted that the agreement was certified by a relevant independent umpire, as required by the Act. The Commission concluded that the agreement met all the statutory requirements for approval and granted the union's application for approval.

The Fair Work Commission approved the Fast & Reliable Sprinkler Fire Services and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, finding that it complied with all relevant legislative requirements. The agreement is now legally binding on the employer, employees, and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established