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

[2024] FWCA 1191

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

(AG2024/936)

FOX FIRE GROUP (AUST) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2024

Application for approval of the Fox Fire Group (Aust) 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 Fox Fire Group (Aust) 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 3 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Fox Fire Group (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The applicant union, CEPU, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including provisions related to minimum entitlements and the process for resolving disputes.

The legal issues the court had to address were primarily concerned with whether the enterprise agreement provided for fair terms and conditions for employees, including minimum wages and conditions, and if the dispute resolution mechanisms were compliant with the Fair Work Act. Specifically, the court examined whether the agreement adequately protected employee entitlements and whether it contained appropriate procedures for resolving workplace disputes.

In delivering its decision, the Commission found that the agreement satisfied the requirements for approval. The court noted that the agreement provided for terms and conditions that were no less favourable than the relevant awards and included provisions for dispute resolution that complied with the Act. The court was satisfied that the agreement contained adequate protections for employees and that the dispute resolution process was fair and effective. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Fox Fire Group (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, affirming that it met the necessary statutory requirements. The decision underscored the importance of ensuring that enterprise agreements provide for fair terms and conditions and effective dispute resolution mechanisms. The approval of the agreement allows the parties to implement the terms and conditions specified within it, providing a framework for employment relations between the employer and the union.

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