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

[2024] FWCA 3034

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

(AG2024/2995)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2024

Application for approval of the Skyline Fire Protection & Electrical Services 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 Skyline Fire Protection & Electrical Services 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.

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 30 August 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 application before the Fair Work Commission was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Skyline Fire Protection & Electrical Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute arose under the Fair Work Act 2009, with the union arguing that the agreement should be formally endorsed by the Commission as a registered enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including that it provided for the fair and efficient determination of terms and conditions of employment, and was free from any illegal content. The Commission also needed to determine if the agreement was made in good faith and if it had been appropriately certified as a simple or low-complexity agreement.

In its decision, the Fair Work Commission found that the agreement was indeed compliant with the Act. The Commission confirmed that the agreement contained terms that were fair and efficient and were made without any illegal content. It was also determined that the agreement was certified as a low-complexity agreement and was made in good faith. As such, the Commission approved the enterprise agreement, deeming it to be a registered enterprise agreement under the Fair Work Act.

The Fair Work Commission ordered that the Skyline Fire Protection & Electrical Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be registered as a registered enterprise agreement, effective from the date of the Commission's decision. The agreement was to apply to the employees of Skyline Fire Protection & Electrical Services Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union in New South Wales and the Australian Capital Territory for the period 2024 to 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established