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

[2024] FWCA 1924

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

(AG2024/1670)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the Hamilton 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 Hamilton 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 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the Fire Protection Enterprise Agreement 2024-2027 between Hamilton Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic). The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters. The matter was heard by the Fair Work Commission, an independent statutory tribunal established under the Fair Work Act 2009, which is responsible for resolving workplace disputes and overseeing the enforcement of workplace laws in Australia.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including those relating to the minimum standards for wages and conditions of employment. The Commission also needed to determine whether the agreement was made in the course of genuine collective bargaining and whether it met the requirements for approval under the Act. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the statutory minimum standards.

The Commission found that the proposed agreement complied with the statutory minimum standards and that it was made in the course of genuine collective bargaining. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment and that it met the requirements for approval under the Fair Work Act. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment and that it met the requirements for approval under the Act. The Commission emphasised the importance of genuine collective bargaining and the need for agreements to provide for fair and reasonable terms and conditions of employment.

The Commission approved the Fire Protection Enterprise Agreement 2024-2027 between Hamilton Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic). The approval is effective from the date of the decision and will remain in force until the end of the agreement period, unless varied or terminated by the parties or the Commission. The approval ensures that the terms and conditions of employment in the agreement are fair and reasonable and that they comply with the statutory minimum standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established