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

[2024] FWCA 1482

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

(AG2024/1231)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the Geelong 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 Geelong 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 22 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Geelong Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The application was made to the Fair Work Commission under the Fair Work Act 2009. The union and the employer had reached an agreement, and the union sought the Commission’s approval for it to be a registered agreement. The primary dispute centred on whether the agreement met all the statutory requirements for approval, including compliance with the Act and any relevant industrial instruments.

The court had to determine if the agreement contained all the mandatory terms and conditions as required by the Fair Work Act and whether it adhered to the relevant industrial instruments. Additionally, the court assessed whether the agreement was fairly negotiated and if it provided adequate protections for employees. It also needed to consider if the agreement met the public interest test, which includes ensuring the agreement does not undermine Australia’s industrial relations system.

The Fair Work Commission examined the terms of the agreement and the evidence provided by the parties. The Commission found that the agreement was fairly negotiated and contained all the mandatory terms and conditions as required by the Act. It also met the public interest test and did not undermine Australia’s industrial relations system. The Commission approved the agreement, determining it to be a certified agreement under the Fair Work Act. This decision ensures the agreement is legally binding and enforceable.

The Commission issued an order approving the Geelong Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 as a registered agreement under the Fair Work Act. This order came into effect from the date of the Commission’s decision, and the agreement is now legally binding on the parties involved.

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