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

[2024] FWCA 826

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

(AG2024/470)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MARCH 2024

Application for approval of the Protective Fire Solutions 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 Protective Fire Solutions 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 5 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed an application for the approval of the Protective Fire Solutions Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026. The application was heard by the Fair Work Commission, which was required 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 agreement provided for the terms and conditions of employment in a manner that was consistent with the provisions of the Fair Work Act. The Commission needed to consider whether the agreement met the requirements of being a "modern award" and whether it included the minimum entitlements prescribed by the Act. Additionally, the Commission had to assess whether the agreement was negotiated in good faith and whether it complied with the relevant provisions of the Act.

The Commission determined that the agreement met the necessary criteria for approval. It found that the agreement was a bona fide attempt to regulate the terms and conditions of employment and provided for the minimum entitlements required by the Fair Work Act. The Commission also concluded that the agreement was negotiated in good faith and did not contravene any provisions of the Act. As a result, the Commission approved the agreement, and it came into effect on the date specified in the agreement.

The Fair Work Commission approved the Protective Fire Solutions Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026, effective from the date stated within the agreement.

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