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

[2023] FWCA 624

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

(AG2023/346)

Arcade Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Arcade Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

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 Arcade Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (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 24 February 2023 and, in accordance with s 54, it will operate from 3 March 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of a Fire Protection Agreement between the Union and Arcade Fire Services Pty Ltd for the period 2020 to 2023. The matter was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the requirements for a fire protection agreement, including whether it provided for adequate protection for employees and whether it was necessary for the proper functioning of the industry. The Commission also needed to consider whether the agreement was consistent with the principles of the Fair Work Act, including the requirement for good faith bargaining.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement was consistent with the requirements of the Fair Work Act and met the necessary standards for a fire protection agreement. The Commission noted that the agreement provided for adequate protection for employees and was necessary for the proper functioning of the industry. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, including the requirement for good faith bargaining. As a result, the Commission approved the proposed agreement. The Commission's decision provides guidance for other unions and employers seeking to negotiate fire protection agreements that meet the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established