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

[2024] FWCA 1663

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

(AG2024/1412)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2024

Application for approval of the RAW GTO 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 RAW GTO 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 the approval of the RAW GTO Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The Fair Work Commission was asked to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The union and the employer had negotiated the terms of the enterprise agreement, which outlined the conditions of employment for employees within the specified industry. The central legal issues before the Commission were whether the agreement complied with the Fair Work Act and whether it was an improved safety net agreement.

The Fair Work Commission considered whether the agreement provided a safety net that was not less favourable than the applicable award or registered agreement. The Commission also assessed if the agreement contained minimum terms and conditions and if it had been genuinely negotiated between the parties. The application for approval was based on the union's argument that the agreement offered better terms and conditions than the applicable award and provided for improved employee protections. The employer, on the other hand, contended that the agreement was a genuine product of negotiations and provided for a fair and reasonable set of terms and conditions.

In its decision, the Fair Work Commission found that the agreement met the statutory requirements under the Fair Work Act. The Commission was satisfied that the agreement provided a safety net that was not less favourable than the applicable award, and it contained minimum terms and conditions. The Commission also found that the agreement had been genuinely negotiated between the parties, and it was in the best interests of the employees. The application for approval was therefore granted, and the agreement was registered.

The Fair Work Commission approved the RAW GTO Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The agreement was registered as a safety net agreement, and it will now apply to the employees within the specified industry. The decision of the Commission is final and binding, and it provides certainty for both the employer and the employees regarding the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established