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

[2024] FWCA 1537

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

(AG2024/1274)

FDN FIRE AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2024

Application for approval of the FDN Fire 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 FDN Fire 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 26 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Fair Work Commission approve the FDN Fire and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The dispute was heard and determined by the Fair Work Commission. The union sought approval for the enterprise agreement, which outlined the terms and conditions of employment for members of the union in the fire protection industry in Victoria.

The primary legal issue the court had to decide was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the procedural requirements for approval, such as being certified by the Australian Building and Construction Commission, and whether it contained provisions that were contrary to the provisions of the Fair Work Act or the Fair Work Regulations.

In delivering its decision, the court found that the enterprise agreement met all the necessary procedural requirements for approval. The agreement had been certified by the Australian Building and Construction Commission, and the union had provided all the necessary documentation and evidence to support the application. The court also found that the agreement contained provisions that were not contrary to the Fair Work Act or the Fair Work Regulations. The court approved the enterprise agreement, stating that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The court made orders approving the FDN Fire and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 as a registered agreement under the Fair Work Act. The agreement will now be binding on the employers and employees covered by the agreement, and will regulate their employment terms and conditions for the duration of the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established