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

[2024] FWCA 2947

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

(AG2024/2897)

UPSIDE AIR NSW PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023 -2027

Industries not otherwise assigned
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2024

Application for approval of the Upside Air NSW Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023 -2027

An application has been made for approval of an enterprise agreement known as the Upside Air NSW Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023 -2027 (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 16 August 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Upside Air NSW Pty Ltd. The union sought approval for the Enterprise Agreement between Upside Air NSW and the CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) for the period 2023-2027. The dispute was heard in the Fair Work Commission. The central legal issues the court had to address were whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The court had to consider if the agreement was genuinely a bargain between the parties, if it addressed terms and conditions of employment fairly, and whether it was certified by the union in accordance with the statutory requirements.

The Fair Work Commission examined the bargaining process and the contents of the Enterprise Agreement. It assessed if the agreement was genuinely negotiated and reflected the parties' true intentions. The court also evaluated whether the agreement contained all necessary terms and conditions and if it complied with the relevant provisions of the Fair Work Act. Additionally, the court looked into whether the union had properly certified the agreement as per the legal requirements, including the union's authority to do so and the process followed. The Commission concluded that the agreement met all the necessary criteria and was a fair and genuine reflection of the parties' negotiations. The Commission approved the Enterprise Agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission determined that the Enterprise Agreement was genuinely negotiated and reflected the true intentions of both parties. The agreement contained all necessary terms and conditions of employment and was certified in accordance with the legal requirements. The court found that the union had the authority to certify the agreement, and the process followed was appropriate. The Commission approved the agreement, confirming that it met the criteria for approval and was compliant with the Fair Work Act. The final orders of the court included the approval of the Enterprise Agreement, effective from the date of the decision, and a declaration that the agreement was a genuine and fair agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established