Premier Fire Pty Ltd

[2024] FWCA 2792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Premier Fire Pty Ltd

(AG2024/2708)

PREMIER FIRE PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Building services
COMMISSIONER JOHNS	MELBOURNE, 29 JULY 2024

Application for approval of the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

An application has been made for approval of an enterprise agreement known as the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Fire Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Premier Fire Pty Ltd applied to the Fair Work Commission for approval of the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was opposed by the Queensland Council of Unions and a union member, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was required to determine whether the agreement complied with the Act and, if so, approve it.

The legal issues before the Commission included whether the agreement was made in good faith, whether it was appropriately negotiated, and whether it provided for the fair treatment of employees. The Commission noted that the agreement had been negotiated between the employer and the union, and that it contained provisions for the payment of wages and other conditions of employment. The Commission also noted that the union had certified the agreement as a genuine enterprise agreement, and that there was no evidence of any duress or coercion in the negotiation process.

After considering the evidence and submissions, the Fair Work Commission found that the agreement complied with the Fair Work Act and was appropriately negotiated. The Commission approved the agreement, noting that it provided for the fair treatment of employees and did not contain any provisions that were contrary to public policy. The Commission also noted that the agreement provided for the establishment of a joint consultative committee, which would enable ongoing communication and consultation between the employer and employees.

The Fair Work Commission approved the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, and ordered that it be registered with the Fair Work Ombudsman. The Commission noted that the agreement provided for the fair treatment of employees and was appropriately negotiated, and that there was no evidence of any duress or coercion in the negotiation process. The Commission also noted that the agreement contained provisions for the establishment of a joint consultative committee, which would enable ongoing communication and consultation between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established