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

[2024] FWCA 3168

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

(AG2024/3245)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 2 SEPTEMBER 2024

Application for approval of the Bradney 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 Bradney 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 9 September 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

The matter before the Fair Work Commission was an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Bradney Fire Pty Ltd. The agreement was for the period 2024-2028 and concerned employees within the New South Wales and Australian Capital Territory regions. The dispute centred on whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided for the proper classification of employees, included adequate provisions for minimum rates of pay and conditions, and complied with the requirements for good faith bargaining. The Commission also had to consider if the agreement contained any provisions that were contrary to the public interest or had other invalid aspects. The focus was on ensuring the agreement was fair and balanced, providing for the protection of employees' rights while also accommodating the needs of the employer.

In assessing the agreement, the Fair Work Commission examined each clause in detail, ensuring that the terms aligned with the legislative framework and the principles of procedural fairness. The Commission considered submissions from both parties and evaluated the fairness of the proposed terms. The Commission found that the agreement met all statutory requirements and was beneficial to both employers and employees. It concluded that the agreement was fair and appropriate for approval, taking into account the balance of rights and obligations of the parties involved.

The final orders of the Fair Work Commission were to approve the Bradney Fire Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024 – 2028. This decision was based on the comprehensive review of the agreement, confirming its compliance with all relevant legislative criteria and its overall fairness to both parties.

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