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

[2024] FWCA 4189

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

(AG2024/4605)

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

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Eliminate Fire 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 Eliminate Fire 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 5 December 2024. The nominal expiry date of the Agreement is 29 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Eliminate Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The applicant union aimed to have the proposed enterprise agreement approved by the Fair Work Commission to ensure that it complies with the relevant provisions of the Fair Work Act 2009. The application was made before the Commission, which included Deputy President McInerney, Commissioner Smerdon, and Commissioner Brooks.

The legal issues before the Commission were whether the proposed enterprise agreement met the criteria for approval as set out in section 233 of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and equitable terms and conditions of employment, and whether it included provisions that met the requirements for good faith bargaining and did not unfairly discriminate against any class of employee. The Commission also needed to ensure that the agreement did not undermine the protection of employees' rights and freedoms as guaranteed by the Act.

The Commission found that the proposed enterprise agreement was fair and reasonable, and met the criteria for approval. The agreement provided for fair and equitable terms and conditions of employment, and included provisions that met the requirements for good faith bargaining. The Commission also found that the agreement did not unfairly discriminate against any class of employee, and did not undermine the protection of employees' rights and freedoms as guaranteed by the Act. The Commission approved the agreement, and it will now be registered by the Fair Work Ombudsman.

The Fair Work Commission approved the Eliminate Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, and it will now be registered by the Fair Work Ombudsman. The decision provides clarity for employers and employees in the relevant industry, and ensures that the agreement meets the requirements of the Fair Work Act 2009. The Commission's decision also provides guidance for future enterprise agreements in the industry, and highlights the importance of good faith bargaining and fair and equitable terms and conditions of employment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established