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

[2024] FWCA 1953

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

(AG2024/1654)

NEXT LEVEL 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 Next Level 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 Next Level 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Next Level Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The agreement was entered into between Next Level Fire Protection Pty Ltd, as the employer, and the union, as the representative of the employees, and related to the terms and conditions of employment for the employees of the company. The union sought approval of the agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act for registration and approval. This involved assessing whether the agreement complied with the provisions of the Act, including the requirements for good faith bargaining, coverage, and the inclusion of certain mandatory terms. The Commission also needed to determine whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement met the requirements of the Act. The employer and the union had engaged in good faith bargaining, and the agreement covered all employees of the company. The agreement also included all the mandatory terms required by the Act. The Commission considered the terms and conditions of the agreement and found that they were fair and reasonable. The agreement provided for appropriate protections for employees, including provisions for leave, penalties, and termination of employment. The Commission was satisfied that the agreement was in the best interests of the employees and approved it under the Act.

The Fair Work Commission approved the Next Level Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The agreement was registered and came into effect on the date of the Commission's decision. The decision provides certainty for both the employer and employees and sets the terms and conditions of employment for the next three years.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established