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

[2024] FWCA 2846

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

(AG2024/2812)

MACK FIRE PROTECTION PTY LTD & 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 Mack 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 Mack 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 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

The matter before the court involved an application for the approval of an enterprise agreement between Mack Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement in question was the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The court was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The primary legal issue before the court was whether the enterprise agreement was made in good faith, covered the appropriate employees, and complied with all statutory provisions and relevant regulations. The court had to consider whether the agreement was fair and reasonable, taking into account various factors such as the interests of employees, the nature of the enterprise, and the broader economic context.

The court examined the submissions from both parties and reviewed the content of the enterprise agreement. It assessed the process by which the agreement was negotiated and the extent to which it provided for fair and reasonable terms for the employees. The court also considered the provisions of the Fair Work Act, including the need for the agreement to provide for minimum terms and conditions of employment. After careful consideration, the court found that the enterprise agreement was made in good faith and met the requirements of the Act. It was determined that the agreement covered the appropriate employees, provided for fair and reasonable terms, and complied with all necessary statutory provisions.

Consequently, the court approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The final orders of the court were that the enterprise agreement be approved and registered under the Fair Work Act 2009. This decision ensured that the terms and conditions outlined in the agreement would be legally enforceable between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established