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

[2024] FWCA 1403

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

(AG2024/1164)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2024

Application for approval of the Melbourne Fire Protection 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 Melbourne Fire Protection 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 18 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval of the Melbourne Fire Protection and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The application was heard by the Fair Work Commission, which needed to determine whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the enterprise agreement complied with the provisions of the Act, particularly sections 232 and 233, which outline the process for approving enterprise agreements and the criteria that must be met for such approval. The Commission also needed to assess whether the agreement was made in good faith and whether it contained provisions that were unfair within the meaning of the Act.

The Commission found that the agreement was made in good faith and contained no provisions that were unfair. It further found that the agreement met the requirements of section 233 of the Act and was consistent with the national minimum terms and conditions set out in the relevant awards and instruments. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for pay rates, leave entitlements, and other working conditions. Given these findings, the Commission approved the enterprise agreement under section 234 of the Act.

The Commission's decision resulted in the approval of the Melbourne Fire Protection and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. This decision confirms the validity of the agreement and its applicability to the relevant employees and employers in the industry.

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