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

[2023] FWCA 1643

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

(AG2023/1593)

ROAR FIRE SYSTEMS (PERTH) AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA) FIRE PROTECTION ENTERPRISE CONSTRUCTION AGREEMENT PERTH -2023-2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JUNE 2023

Application for approval of the Roar Fire Systems (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth -2023-2025

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 Roar Fire Systems (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth -2023-2025 (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 6 June 2023 and, in accordance with s 54, it will operate from 13 June 2023. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Roar Fire Systems (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) for approval of a Fire Protection Enterprise Construction Agreement Perth for the years 2023-2025. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace while ensuring procedural fairness to the parties involved.

The Fair Work Commission carefully reviewed the agreement, considering its provisions and their implications for the workforce. The Commission assessed whether the agreement was procedurally fair, taking into account the process through which it was negotiated and agreed upon. The Commission also examined the substantive fairness of the agreement, ensuring that it provided for reasonable terms and conditions of employment and did not unfairly disadvantage any party. The Commission noted the importance of balancing the interests of the employer and the employees, ensuring that the agreement was not only fair but also practical and workable in the context of the enterprise.

After thorough consideration, the Fair Work Commission approved the Fire Protection Enterprise Construction Agreement Perth 2023-2025. The Commission found that the agreement was procedurally fair and provided for reasonable terms and conditions of employment. The Commission determined that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and was in the best interests of both the employer and the employees. The approval ensures that the agreement will provide stability and certainty in the workplace for the coming years.

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