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

[2024] FWCA 744

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

(AG2024/384)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 FEBRUARY 2024

Application for approval of the Pace 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 Pace 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 27 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval for the Pace Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026. The dispute centred on whether the agreement met the necessary legal criteria under the Fair Work Act 2009 for approval by the Fair Work Commission.

The court was tasked with determining whether the agreement complied with the requirements set out in the Act, particularly focusing on whether the agreement was in the best interests of the employees, considering factors such as fairness, flexibility, and the potential impact on employment. The court also examined if the agreement adequately covered essential matters such as pay rates, working conditions, and dispute resolution mechanisms.

In its reasoning, the court found that the agreement satisfied the statutory criteria and was in the best interests of the employees. The agreement was deemed fair and flexible, providing a reasonable balance between the rights and obligations of both the employer and the employees. The court also noted the provisions for dispute resolution were comprehensive and accessible, ensuring that any issues could be resolved efficiently. Consequently, the court approved the agreement, recognising it as beneficial for both parties.

The final orders of the court approved the Pace Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026, thereby formalising the terms and conditions under which the employees would work during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established