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

[2024] FWCA 1877

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

(AG2024/1601)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2024

Application for approval of the Yarra Fire 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 Yarra Fire 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 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for an enterprise agreement between Yarra Fire Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The application was brought before the Fair Work Commission under the Fair Work Act 2009. The union argued that the proposed agreement met the requirements of the Act, including the ‘better off overall test’ and provisions for employee representation.

The central legal issues before the Commission were whether the agreement provided employees with conditions that were at least as good as those provided by the relevant award or registered agreement, and if it met the procedural requirements of the Act. The union contended that the agreement offered employees improved conditions, including wages, leave entitlements, and job security provisions, compared to the applicable award. The Commission needed to determine if these improvements met the statutory test for approval.

The Commission examined the terms of the agreement and compared them to the applicable award. It found that the proposed agreement provided employees with better conditions in several areas, including wages, leave entitlements, and other benefits. The Commission concluded that the agreement met the better off overall test as employees would be better off under the agreement than under the award. Furthermore, the procedural requirements of the Act had been satisfied, as the agreement had been made following proper consultation and negotiation processes. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Yarra Fire Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, finding that it met the requirements of the Fair Work Act 2009. The agreement was certified as providing employees with improved conditions compared to the applicable award and satisfied the procedural requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established