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

[2023] FWCA 3553

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

(AG2023/3773)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 OCTOBER 2023

Application for approval of the ARA Fire Protection 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 ARA Fire Protection 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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 26 October 2023 and, in accordance with s 54, it will operate from 2 November 2023. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU Plumbing Division Fire Services Union, and ARA Fire Protection Services Pty Ltd. The union sought approval for a collective agreement governing employment terms between 2023 and 2026. The dispute centred on whether the terms of the proposed agreement complied with relevant industrial laws and whether they were fair and reasonable for both parties. The court's role was to review the agreement and determine if it should be approved.

The court was tasked with examining several legal issues, including whether the agreement contained all the mandatory terms required by the Fair Work Act 2009, if it adhered to the principles of good faith bargaining, and whether it provided a fair and reasonable outcome for the employees represented by the union. Additionally, the court needed to ensure that the agreement did not unfairly discriminate against any party and that it complied with any relevant industry standards.

After careful consideration of the evidence and arguments presented, the court concluded that the collective agreement met all statutory requirements and reflected fair and reasonable terms for both the union and the employer. The court found that the agreement was negotiated in good faith and did not contain any discriminatory provisions. Furthermore, the agreement provided for a balanced set of rights and obligations that were equitable for the employees, thereby promoting harmonious industrial relations. Based on these findings, the court approved the agreement, recognising it as a suitable framework for the employment relationship between the parties for 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