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

[2025] FWCA 980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/673)

PURE FIRE GROUP PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION - ENTERPRISE AGREEMENT 2024/2028

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 21 MARCH 2025

Application for approval of the Pure Fire Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union - Enterprise Agreement 2024/2028

An application has been made for approval of an enterprise agreement known as the Pure Fire Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union - Enterprise Agreement 2024/2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and concerns an Agreement proposed to cover Pure Fire Group Pty Ltd (the Company) and its employees. The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

The Notice of Employee Representational Rights (NERR) distributed by the Company was not in the prescribed form, as the pre-reform version has been used, and used a slightly different name for the Agreement to that which was eventually made. Nevertheless, in the circumstances, I am satisfied that these constitute a minor procedural or technical errors for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

Interaction with the National Employment Standards

Clause 4.4 of the Agreement provides that where there is a conflict between the terms of the Agreement and the statutory obligations contained in the National Employment Standards (NES), the NES shall take precedence to the extent of the conflict (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.It is unclear whether clause 35.3 of the Agreement provides that in respect of an agreement to substitute a public holiday for another day, such agreement may only occur between that the employer and an employee, as opposed to a majority of affected employees (in accordance with s 115(3) of the Act). However, when read in conjunction with the NES precedence clause 35.3 will have no effect to the extent of any inconsistency with s 115(3) of the Act.  

Consideration

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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. In accordance with s.201(2) I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Pure Fire Group Pty Ltd (the Employer). The dispute revolves around the application for the approval of the Pure Fire Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union - Enterprise Agreement 2024/2028. This matter was brought before the Fair Work Commission.

The primary legal issues before the Commission were whether the terms of the proposed enterprise agreement were in compliance with the Fair Work Act 2009 and if the agreement was fair and reasonable in the context of the bargaining power of the parties. Specifically, the Commission examined the fairness of the terms related to wages, conditions, and other employment-related matters as stipulated in the agreement.

The Fair Work Commission examined the evidence presented by both parties, including submissions and expert testimonies, to assess whether the agreement was genuinely negotiated and met the criteria for approval. The Commission considered the economic context, the bargaining power of the parties, and the overall fairness of the terms proposed. Ultimately, the Commission found that the terms of the proposed enterprise agreement were fair and reasonable, taking into account all relevant factors. Consequently, the application for approval was granted.

In light of the findings, the Fair Work Commission approved the Pure Fire Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union - Enterprise Agreement 2024/2028, effective from the date of the decision. This approval signifies that the terms of the agreement are legally binding on both parties and will govern the employment conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established