| [2024] FWCA 1868 |
| 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
(AG2024/1563)
ADVANCED FIRE PROTECTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027
| Fire fighting services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 22 MAY 2024 |
Application for approval of the Advanced 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 Advanced 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 22 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524719 PR775247>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1868
- Case
- [2024] FWCA 1868
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission involved assessing whether the agreement was made in good faith, whether it was genuinely negotiated, and whether it complied with the procedural fairness requirements outlined in the Fair Work Act. Additionally, the Commission needed to determine if the agreement's terms and conditions were fair and reasonable, taking into account the principles of the safety net and the broader industrial relations context.
The Fair Work Commission carefully examined the evidence and submissions provided by both parties. It concluded that the agreement was made in good faith, genuinely negotiated, and complied with all procedural fairness requirements. The Commission found that the terms and conditions of the agreement were fair and reasonable, considering the safety net provisions and the broader industrial relations context. The Commission was satisfied that the agreement was in the best interests of the employees it covered.
The Fair Work Commission approved the Advanced Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, effective from the date of the decision. The Commission's approval ensures that the agreement will now govern the employment conditions of the employees covered by it, providing a clear and agreed-upon framework for their terms and conditions of employment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.