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

[2024] FWCA 2116

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

(AG2024/1848)

TESKO FIRE PROTECTION 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 Tesko 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 Tesko 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 7 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Tesko Fire Protection Pty Ltd (the "Employer"). The Union sought approval for the Fire Protection Enterprise Agreement 2024-2027 with the CEPU – Plumbing Division (Vic) (the "Agreement"). The application was brought before the Fair Work Commission (the "Commission").

The primary legal issue before the Commission was whether the Agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing the procedural fairness of the agreement-making process, the compliance of the agreement with relevant statutory provisions, and the fairness of its terms and conditions. The Union had to demonstrate that the agreement was genuinely negotiated and not imposed, and that it included minimum terms and conditions as required by the Act.

In determining the application, the Commission considered the evidence presented by the Union regarding the negotiation process and the content of the agreement. The Commission examined whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and whether it was fair and reasonable. After careful review, the Commission found that the agreement met all the statutory requirements and was procedurally fair and substantively reasonable. The Commission approved the agreement, highlighting the balance of rights and obligations between the parties and the adherence to legislative standards.

The Fair Work Commission approved the Tesko Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024-2027. This decision reflects the Commission's determination that the agreement was genuinely negotiated, included the minimum terms and conditions as required by the Fair Work Act 2009, and was fair and reasonable. The approval signifies the Commission's recognition of the agreement's compliance with statutory obligations and its suitability for implementation between the Union and the Employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established