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

[2024] FWCA 1980

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

(AG2024/1717)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

Application for approval of the Entire 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 Entire 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 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Entire Fire Protection Pty Ltd. The dispute revolves around the application for approval of the Fire Protection Enterprise Agreement 2024-2027 between the union and the company. The Fair Work Commission heard the matter, with the Union acting as the applicant and Entire Fire Protection Pty Ltd as the respondent.

The primary legal issue that the Commission had to address was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included verifying that the agreement contained the minimum terms and conditions as prescribed by the Act, and that it was made in good faith and without any coercion. The Commission also had to consider whether the agreement complied with the procedural fairness requirements and if it adhered to the principles of the Fair Work Act.

In reaching its decision, the Commission examined the contents of the agreement and assessed whether it fulfilled all the necessary criteria for approval. The Commission found that the agreement contained all the mandated minimum terms and conditions, was made in good faith, and complied with the procedural fairness requirements. It also determined that the agreement adhered to the principles of the Fair Work Act. Based on these findings, the Commission approved the application for the Enterprise Agreement.

The Commission's approval of the agreement was contingent on the parties meeting certain conditions, including the provision of information to employees about the agreement and the process of its approval. The Commission also required the parties to provide regular updates on the implementation of the agreement. The Commission's decision was made in the interest of ensuring that the agreement met the legal requirements and protected the rights of both 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