Jetfire Fire Protection Pty Ltd

Case [2024] FWCA 1865
[2024] FWCA 1865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetfire Fire Protection Pty Ltd

(AG2024/1574)

JETFIRE FIRE PROTECTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 22 MAY 2024

Application for approval of the Jetfire Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027

  1. Jetfire Fire Protection Pty Ltd has made an application for approval of an enterprise agreement known as the Jetfire Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

  1. The Agreement was approved on 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE524716  PR775243>

Details
AGLC
Jetfire Fire Protection Pty Ltd [2024] FWCA 1865
Case
[2024] FWCA 1865
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Jetfire Fire Protection Pty Ltd applied for approval of the Jetfire Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The application followed a successful ballot of the relevant employees, as required by the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, particularly concerning the bargaining process and the terms and conditions it established.

The legal issues before the Commission were whether the agreement was made in good faith, whether it was genuinely an agreement between the parties, and whether it complied with the mandatory terms and conditions set out in the Fair Work Act. The Commission also needed to determine whether the agreement was fair and reasonable, taking into account various factors such as the nature of the enterprise, the economic circumstances, and the interests of employees and employers.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was indeed made in good faith and represented a genuine bargaining outcome. The Commission was satisfied that the bargaining process was conducted appropriately and that the agreement complied with the statutory requirements. The terms and conditions of the agreement were deemed fair and reasonable, balancing the interests of both employees and employers. Consequently, the Commission approved the agreement, noting that it provided a suitable framework for industrial relations within the enterprise for the specified period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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