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

[2024] FWCA 2117

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

(AG2024/1849)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2024

Application for approval of the Firesafe Sprinkler 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 Firesafe Sprinkler Systems 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 7 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the Firesafe Sprinkler Systems Pty Ltd and CEPU – Plumbing Division (Vic) employees, to approve a proposed enterprise agreement for the period 2024 to 2027. The union sought to have the agreement registered with the Fair Work Commission, ensuring its enforceability under the Fair Work Act 2009.

The legal issues central to the decision were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and whether the agreement met the procedural requirements for approval. Specifically, the court examined if the union had followed the necessary steps to certify the agreement and if the agreement contained all the mandated terms and conditions as per the legislative framework. Additionally, the court considered whether the agreement was made in good faith and if it provided for the proper protection of the employees' interests.

In rendering its decision, the Fair Work Commission assessed the procedural correctness of the union's actions and the content of the proposed agreement. The court found that the union had correctly followed the certification process as required by the Fair Work Act. It also determined that the agreement contained all the necessary terms and conditions, and it provided for the proper protection of employees' interests. The Commission concluded that the agreement was made in good faith and met the statutory requirements for approval. Consequently, the Fair Work Commission approved the proposed Firesafe Sprinkler Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027.

The final orders of the Fair Work Commission were to approve the enterprise agreement, which would be registered and enforceable under the Fair Work Act. The agreement was to come into effect from the date of the Commission's decision, ensuring the legal framework governing the employment relationship between the employer and the employees was updated and compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established