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

[2024] FWCA 1912

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

(AG2024/1597)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2024

Application for approval of the Vicwest 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 Vicwest 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, representing the interests of its members, and Vicwest Fire Services Pty Ltd, a private company. The dispute centred around the application for approval of the Fire Protection Enterprise Agreement 2024 – 2027 between Vicwest Fire Services and the CEPU – Plumbing Division (Vic). The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issue for the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The Act stipulates that an enterprise agreement must be certified by the Commission, which involves determining if it provides for the fair and equitable treatment of employees, and if it complies with the procedural requirements of the Act. The Commission also had to consider if the agreement provided for appropriate processes for the resolution of workplace disputes.

The Fair Work Commission conducted a thorough examination of the proposed agreement, focusing on its compliance with the statutory requirements. The Commission evaluated the procedural fairness of the agreement, including the consultation process between the union and the employer. It assessed the fairness of the terms and conditions outlined in the agreement, ensuring that they provided for equitable treatment of employees. After considering the evidence and arguments presented by both parties, the Commission concluded that the agreement met the necessary criteria for approval. The agreement was deemed to provide for fair and equitable treatment of employees and complied with the procedural requirements of the Act.

Consequently, the Fair Work Commission approved the Fire Protection Enterprise Agreement 2024 – 2027 between Vicwest Fire Services and the CEPU – Plumbing Division (Vic). The approval signifies that the agreement is now legally binding on both the employer and the employees covered by the agreement, effective from the date of the Commission's decision.

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