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

[2024] FWCA 1959

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

(AG2024/1664)

LEEMARK 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 Leemark 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 Leemark 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 application before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Leemark Fire Protection Pty Ltd, concerning the approval of the Fire Protection Enterprise Agreement 2024–2027. The union sought to have the agreement, which was negotiated with Leemark, formally approved under the Fair Work Act 2009. This application required the Commission to assess whether the agreement met the statutory criteria for approval, including that it was in the interests of the employees and the employer, and that it complied with the relevant legislative provisions.

The central legal issues the Commission needed to address were whether the agreement provided fair and reasonable terms for the employees, and if it adhered to the requirements set forth by the Fair Work Act. Specifically, the Commission had to ensure that the agreement was not contrary to public policy and was in line with the principles of the Act, which include the promotion of cooperative and productive workplace relations. The Commission also had to consider if the agreement provided for the protection of employees' rights and interests, and if it facilitated a fair and efficient workplace.

In its decision, the Commission carefully examined the provisions of the agreement, the submissions made by both the union and Leemark, and the broader implications of approving the agreement. The Commission found that the agreement did not contravene any provisions of the Fair Work Act and that it provided for fair and reasonable terms for the employees. The Commission was satisfied that the agreement would promote productive and cooperative workplace relations, and that it was in the best interests of the employees and the employer. Consequently, the Commission approved the agreement, noting that it met all the statutory requirements for approval under the Act.

The final orders of the Commission included the formal approval of the Fire Protection Enterprise Agreement 2024–2027, effective from the date of the decision. This approval meant that the agreement would now govern the terms and conditions of employment for the employees of Leemark Fire Protection Pty Ltd, as negotiated between the union and the employer.

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