| [2024] FWCA 1359 |
| 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
(AG2024/1141)
REDDOG FIRE PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 17 APRIL 2024 |
Application for approval of the Reddog 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 Reddog 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 17 April 2024.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1359
- Case
- [2024] FWCA 1359
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission had to determine if the agreement was made in good faith, without any coercion or undue influence. Substantively, the agreement had to meet certain minimum standards including those relating to wages, classification, and other terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not have the effect of undermining the operation of the safety net of minimum wages and conditions.
In assessing the agreement, the Commission found that all procedural requirements were met and that the agreement was made in good faith. It was noted that the agreement had been the result of extensive negotiations between the parties and that it contained provisions that were reflective of the parties' respective positions and interests. The substantive provisions of the agreement were also found to be in compliance with the minimum standards set out in the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the members of the union. Therefore, the application for approval was granted, and the enterprise agreement was registered.
The Fair Work Commission approved the Reddog Fire Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The decision was made in recognition of the parties' adherence to the procedural requirements of the Fair Work Act and the agreement's compliance with the substantive standards. This registration ensures that the agreement will be legally binding on the parties and will provide a framework for the terms and conditions of employment for the union members for the duration of the agreement.
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