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

[2024] FWCA 3085

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

(AG2024/3070)

URBAN FIRE PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2024

Application for approval of the Urban Fire Pty Ltd & ETU Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the Urban Fire Pty Ltd & ETU Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 20.1(a)

However, noting clause 4.1(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Urban Fire Pty Ltd & ETU Enterprise Agreement 2021-2025. The applicant union represents employees of the respondent company, Urban Fire Pty Ltd, in the fire and security services industry. The dispute centred on the terms and conditions of employment as set out in the proposed enterprise agreement, which the union sought to have formally approved by the Commission.

The legal issues before the Commission involved the compliance of the proposed agreement with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for 'simplification, flexibility and certainty' as outlined in the Act, and whether it contained terms that were unfair within the meaning of the Act. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the parties and if it provided for proper dispute resolution mechanisms.

After reviewing the submissions and evidence presented by both parties, the Commission found that the proposed agreement was fair and complied with the statutory requirements. The Commission was satisfied that the agreement had been genuinely negotiated and contained appropriate dispute resolution provisions. Furthermore, the Commission determined that the agreement did not contain any unfair terms and was conducive to simplification, flexibility, and certainty in the workplace. Consequently, the Commission approved the Urban Fire Pty Ltd & ETU Enterprise Agreement 2021-2025.

The final orders of the Commission included the approval of the enterprise agreement, which will now govern the employment terms and conditions for the relevant employees of Urban Fire Pty Ltd for the period specified. The agreement will be registered with the Fair Work Commission, and any disputes arising from its interpretation or application can be referred to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established