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

[2024] FWCA 1866

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

(AG2024/1564)

TAYLOR FIRE PROTECTION 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 Taylor 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 Taylor 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

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the representative for the employees, and Taylor Fire Protection Pty Ltd. The union sought approval of the enterprise agreement between the union and the company for the period 2024 to 2027. The primary focus of the dispute was to ensure that the terms and conditions outlined in the agreement complied with relevant labour laws and industrial relations regulations.

The central legal issues the court had to address were whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly focusing on the process of negotiation, the content of the agreement, and whether it provided for a fair and reasonable outcome for both parties. The court needed to determine if the agreement was genuinely negotiated and whether it contained terms that were not contrary to public policy or contrary to the spirit of the legislation.

The court reviewed the evidence provided regarding the negotiation process, the content of the agreement, and the fairness of the terms. It was established that the agreement had been negotiated in good faith and that the terms were not unreasonable. The court found that the agreement was fair and balanced, providing for a reasonable outcome for both employees and the employer. Consequently, the court approved the enterprise agreement, confirming its compliance with the relevant labour laws and industrial relations requirements.

The final orders of the court included the approval of the Taylor Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, effective from the date of the court's decision. The agreement was deemed to be in compliance with the Fair Work Act 2009, and both parties were bound by its terms. The court's decision ensured that the agreement would be enforceable under the relevant industrial relations framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established