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

[2024] FWCA 2081

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

(AG2024/1800)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2024

Application for approval of the Commercial Fire Group 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 Commercial Fire Group 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 5 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Commercial Fire Group Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The Fair Work Commission was the forum for the application. The applicant union argued that the proposed enterprise agreement met the statutory criteria for approval, including that it provided for fair and reasonable terms and conditions.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of fairness and reasonableness of its provisions. The court examined various aspects of the agreement, including pay rates, working conditions, and dispute resolution mechanisms, to determine if these elements met the statutory standard. The union contended that the agreement was fair and reasonable, providing a balance of interests between the employees and the employer.

The Fair Work Commission found that the agreement was generally fair and reasonable. The commission noted the comprehensive nature of the agreement, which addressed a wide range of employment terms and conditions. It concluded that the agreement provided for a fair and reasonable level of pay and conditions for the employees covered by the agreement. The commission also highlighted the inclusion of dispute resolution mechanisms that were considered to be adequate and accessible. The commission approved the agreement subject to certain conditions that aimed to ensure continued compliance with the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the enterprise agreement with conditions that required the parties to adhere to specific reporting and compliance obligations to maintain the agreement's validity. The commission also set a review date to reassess the agreement's terms and conditions in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established