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

[2024] FWCA 1667

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

(AG2024/1433)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2024

Application for approval of the Results Fire & Property 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 Results Fire & Property 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 7 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Fire & Property Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, heard in the Fair Work Commission. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the employer, Fire & Property Services Pty Ltd, are the primary parties involved in the dispute. The union sought approval of the enterprise agreement, which outlines the terms and conditions of employment for the employees in the fire protection sector.

The key legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees, did not undermine the ability of employees to protect their own interests, and adhered to the principles of the safety net. Additionally, the court had to consider whether the agreement provided for proper consultation and if it contained all the required provisions as mandated by the Act.

The Fair Work Commission determined that the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees. The Commission found that the agreement adequately protected the employees' interests, provided a fair and reasonable safety net, and contained all necessary provisions. The court also noted that the agreement had been developed through proper consultation processes, thereby satisfying the legal criteria for approval. As a result, the Fair Work Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Fire & Property Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, effective from 1 April 2024, for a period of three years. This decision ensures that the terms and conditions set out in the agreement will govern the employment of the relevant employees for the specified duration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established