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

[2024] FWCA 1352

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

(AG2024/1102)

IMPACT FIRE SERVICES PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2023 - 2026

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2024

Application for approval of the Impact Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026

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 Impact Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026 (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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Impact Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023-2026. The agreement in question aimed to establish the terms and conditions of employment for workers within the specified period. The union argued that the proposed agreement was necessary to ensure fair and reasonable terms of employment for its members.

The primary legal issue the Commission had to address was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms of employment, was appropriately negotiated, and did not unfairly discriminate against any group of employees. The Commission also needed to determine if the agreement complied with the relevant provisions of the Act and any relevant regulations.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements for approval. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, providing for fair wages and conditions while also ensuring the employer's business could operate effectively. The Commission further found that the agreement had been appropriately negotiated and did not unfairly discriminate against any group of employees. As such, the Commission approved the Impact Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023-2026, subject to any necessary modifications to ensure compliance with the Act.

The Fair Work Commission ordered that the approved collective agreement be registered and have effect as a registered agreement under the Fair Work Act 2009. The agreement was to be in force from 1 July 2023 until 30 June 2026, with the possibility of earlier termination under the provisions of the Act. The Commission also directed that any disputes arising from the agreement would be subject to the dispute resolution processes outlined in the Act.

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