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

[2024] FWCA 1913

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

(AG2024/1598)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2024

Application for approval of the Airmaster Fire Services 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 Airmaster Fire Services 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 24 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU – Plumbing Division (Vic), applied to the Fair Work Commission for the approval of the Airmaster Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including the provision of fair and reasonable terms and conditions for employees. This involved assessing whether the agreement appropriately balanced the interests of both employers and employees, ensuring that it did not unfairly disadvantage either party and that it complied with the relevant provisions of the Fair Work Act.

The Commission examined the agreement in detail, considering the various terms and conditions proposed. It found that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission noted that the agreement included provisions for minimum rates of pay, hours of work, leave entitlements, and other conditions that were consistent with industry standards. It also found that the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it did not unfairly disadvantage either party. Consequently, the Commission approved the agreement, finding it to meet the statutory requirements for approval.

The Fair Work Commission approved the Airmaster Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Airmaster Fire Services Pty Ltd and the employees covered by the agreement for the specified period.

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