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

[2024] FWCA 4269

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

(AG2024/4617)

BEYOND FIRE SERVICES AND MAINTENANCE PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 3 DECEMBER 2024

Application for approval of the Beyond Fire Services and Maintenance Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028

An application has been made for approval of an enterprise agreement known as the Beyond Fire Services and Maintenance Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 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. 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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 35.3: Public holidays.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 4.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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 10 December 2024. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a proposed enterprise agreement. The applicants were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union, both acting in their capacity as registered trade unions. The agreement in question pertained to the Beyond Fire Services and Maintenance Pty Ltd and was set to cover the period from 2024 to 2028. The application was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single, clear and complete" document that included all terms and conditions of employment for the relevant employees. Furthermore, the Commission had to consider whether the agreement had been made in good faith and whether it provided for the "full and fair" resolution of employees' terms and conditions of employment.

The Commission examined the application in light of the statutory requirements and found that the proposed enterprise agreement was comprehensive and clear. It contained all necessary terms and conditions of employment, and the process through which the agreement was negotiated and finalised demonstrated good faith on the part of both the employer and the unions. The Commission concluded that the agreement fairly and effectively resolved the terms and conditions of employment for the relevant employees. Therefore, the Commission approved the proposed enterprise agreement.

In approving the application, the Commission made an order that the Beyond Fire Services and Maintenance Pty Ltd CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved as a registered agreement under the Fair Work Act 2009. This order came into effect on the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established