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

Case [2024] FWCA 875
[2024] FWCA 875

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

(AG2024/537)

QUALITY FIRE PROTECTION (VIC) AND CEPU — PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 — 2027

Security services

DEPUTY PRESIDENT COLMAN

MELBOURNE, 8 MARCH 2024

Application for approval of the Quality Fire Protection (Vic) and CEPU — Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 — 2027

  1. 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 Quality Fire Protection (Vic) 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 8 March 2024.

DEPUTY PRESIDENT
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Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 875
Case
[2024] FWCA 875
Decision Date

CaseChat Overview and Summary

The parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Quality Fire Protection (Vic) and CEPU — Plumbing Division (Vic). The dispute centred on the application for approval of the Quality Fire Protection (Vic) and CEPU — Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 — 2027. The decision was rendered by the Fair Work Commission.

The primary legal issues the court needed to determine were whether the proposed enterprise agreement met the statutory requirements for approval and whether it complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission examined the evidence and submissions provided by both parties. The Commission concluded that the proposed agreement was fair and reasonable, taking into account the economic circumstances, the need for flexibility, and the parties' bargaining positions. The Commission found that the agreement provided for appropriate terms and conditions of employment, and that it complied with the statutory requirements for approval. Consequently, the Fair Work Commission approved the Quality Fire Protection (Vic) and CEPU — Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 — 2027.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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