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

[2024] FWCA 1477

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

(AG2024/1232)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the Geelong Fire Construction 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 Construction 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 parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Geelong Fire Construction Pty Ltd (the Employer). The matter before the court pertains to the approval of a Fire Protection Enterprise Agreement for the period 2024 to 2027, between the Union and the Employer. The case was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The primary legal issues that the court had to address were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, including sections concerning the minimum terms and conditions of employment, and whether the process by which the agreement was made adhered to procedural fairness and other statutory requirements. The court also needed to ensure that the agreement was not contrary to public policy or had any discriminatory provisions.

The Fair Work Commission found that the Enterprise Agreement met all the statutory requirements set out in the Fair Work Act. The agreement was made following proper consultation and negotiation processes, ensuring that the Union and the Employer had an opportunity to discuss and agree on the terms. The court examined various aspects of the agreement, including wages, working hours, leave provisions, and other employment conditions. The commission confirmed that the agreement did not contravene any public policy or contain any discriminatory clauses. Consequently, the court approved the Enterprise Agreement, deeming it to be fair and reasonable for the parties involved.

The final orders of the court were to approve the Geelong Fire Construction Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. This approval signifies that the agreement is now legally binding between the Union and the Employer, providing a framework for the employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established