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

[2024] FWCA 2844

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

(AG2024/2794)

PEAK FIRE SERVICES & CEPU NSW / NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2024

Application for approval of the Peak Fire Services & 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 Peak Fire Services & 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 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 the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval of the Peak Fire Services & CEPU NSW / NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements and public interest considerations for approval.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the public interest to approve it. Specifically, the Commission had to consider whether the agreement met the criteria for fair and reasonable terms and conditions, including matters such as wages, hours of work, leave, and other employment conditions.

The Fair Work Commission found that the agreement met the statutory requirements and was in the public interest to be approved. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and had been negotiated in good faith between the parties. The Commission also found that the agreement was not likely to have an adverse effect on the broader labour market or the economy, and that it would provide certainty and stability for employees in the relevant industries. The Commission approved the agreement, and it will now be binding on the parties from 1 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established