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

[2024] FWCA 1535

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

(AG2024/1270)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2024

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

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Pinnacle Fire Pty Ltd. The union sought approval of the Fire Protection Enterprise Agreement 2024-2027, which was to be registered with the Fair Work Commission. The application was heard in the Federal Court of Australia. The union aimed to ensure the agreement was appropriately endorsed and would provide a fair and just working environment for its members.

The central legal issue before the court was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the necessary minimum terms and conditions as stipulated by the legislation, and if it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms for employees and whether it was consistent with the overall framework of industrial relations law.

In delivering the judgment, the court meticulously examined the contents of the agreement and found that it comprehensively addressed the minimum terms and conditions required by law. The court was satisfied that the agreement had been made in good faith, without any evidence of coercion, and that it provided for fair and reasonable terms for the employees. Furthermore, the court confirmed that the agreement was consistent with the statutory framework and did not contravene any provisions of the Fair Work Act. Consequently, the court approved the agreement for registration.

The court ordered that the Fire Protection Enterprise Agreement 2024-2027 between the union and Pinnacle Fire Pty Ltd be approved and registered with the Fair Work Commission. This decision allowed the agreement to come into effect, providing a clear and legally binding framework for the employment terms of the union members for the specified period.

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