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

[2024] FWCA 1846

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

(AG2024/1536)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2024

Application for approval of the Gem 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 Gem 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 21 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 (the "Union") and Gem Fire Services Pty Ltd (the "Employer"). The Union sought approval of the Fire Protection Enterprise Agreement 2024-2027 (the "Agreement") between the Employer and the CEPU – Plumbing Division (Vic) (the "Employees"). The case was heard in the Fair Work Commission (the "Commission").

The central legal issues before the Commission were whether the Agreement was in the best interests of the Employees and whether it complied with the relevant provisions of the Fair Work Act 2009 (the "Act"). Specifically, the Commission needed to determine if the Agreement met the "better off overall test" and if it included all the minimum entitlements required by the Act.

In delivering its decision, the Commission acknowledged the Union's and the Employer's submissions and considered the terms of the Agreement. The Commission found that the Agreement was in the best interests of the Employees as it provided for a number of improvements in pay and conditions compared to the previous agreement. The Commission also found that the Agreement complied with the minimum entitlements set out in the Act and did not contain any terms that would be contrary to the public interest. Therefore, the Commission approved the Agreement under section 234 of the Act.

The Fair Work Commission hereby approves the Fire Protection Enterprise Agreement 2024-2027 between Gem Fire Services Pty Ltd and the CEPU – Plumbing Division (Vic). The approval is effective from the date of the Commission's decision and will remain in force until the earlier of the date specified in the Agreement or a new agreement is approved by the Commission.

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