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

[2024] FWCA 2969

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

(AG2024/2934)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 AUGUST 2024

Application for approval of the Threaded Fire Protection 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 Threaded Fire Protection 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 19 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application before the Fair Work Commission. The application sought approval for the Threaded Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on the terms and conditions of employment, including wages, working hours, and other workplace arrangements between the union and the employer. The court was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act, particularly whether it provided for a safety net of minimum wages and conditions, and whether it was free from any terms that were discriminatory, oppressive, or unjust. The court also had to consider whether the agreement allowed for proper consultation and negotiation between the employer and the union, and whether it provided for fair dispute resolution mechanisms. The court's analysis focused on the specific clauses of the agreement and how they aligned with the statutory standards set out in the Act.

The court determined that the agreement was consistent with the requirements of the Fair Work Act. The agreement provided for a comprehensive safety net of minimum wages and conditions that were not less favourable than the applicable awards or registered agreements. The court found that the agreement did not contain any discriminatory, oppressive, or unjust terms, and that it allowed for proper consultation and negotiation between the parties. Furthermore, the court concluded that the agreement provided for fair and effective dispute resolution mechanisms. Based on these findings, the court approved the agreement.

The final orders of the court were that the Threaded Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved and registered under the Fair Work Act 2009. The agreement would then be applicable to the employees of the employer and the union members, and would remain in effect until the end of the specified period or until it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established