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

[2024] FWCA 2010

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

(AG2024/1771)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2024

Application for approval of the Contractfire 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 Contractfire 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 31 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Contractfire Pty Ltd. The dispute concerned the approval of an enterprise agreement between the union and Contractfire Pty Ltd for the Plumbing Division in Victoria. The case was heard in the Fair Work Commission. The primary legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it met the requirements for approval, including whether it provided for fair and reasonable terms and conditions.

The Commission examined the agreement clause by clause, assessing its compliance with the statutory criteria. The union argued that the agreement was fair and reasonable, and in the public interest, while Contractfire Pty Ltd contended that certain clauses did not meet the necessary standards. The Commission considered the evidence and submissions from both parties, focusing on the impact of the agreement on employees, the balance of power between the parties, and the overall fairness of the terms. After thorough deliberation, the Commission determined that the agreement did comply with the statutory requirements.

Consequently, the Fair Work Commission approved the Contractfire Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The decision was made on the basis that the agreement was fair and reasonable, met the statutory criteria, and was in the public interest. The Commission's approval signifies that the agreement can now be implemented between the union and the employer, providing a framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established