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

[2024] FWCA 2711

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

(AG2024/2607)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 23 JULY 2024

Application for approval of the Maja Sprinkler Co 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 Maja Sprinkler Co 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Plumbing and Fire Sprinklers Award 2020 is taken to be a term 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 30 July 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Maja Sprinkler Co Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The application was heard in the Fair Work Commission. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace arrangements, as outlined in the proposed enterprise agreement. The legal issues the court was required to decide included whether the agreement provided for a fair and reasonable set of terms and conditions for employees, and whether it complied with relevant industrial laws and regulations.

The court considered the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, as well as relevant case law and precedents. The court examined the specific terms of the proposed agreement, including wages, hours of work, and other workplace arrangements, to determine whether they were fair and reasonable. The court also considered the impact of the agreement on employees and employers, as well as the broader industrial relations landscape. After careful consideration, the court found that the proposed enterprise agreement provided for a fair and reasonable set of terms and conditions for employees, and that it complied with relevant industrial laws and regulations.

The court approved the proposed enterprise agreement, subject to certain conditions and modifications. The agreement will now be registered with the Fair Work Commission, and will come into effect on 1 July 2024. The final orders of the court included the approval of the enterprise agreement, subject to certain conditions and modifications, and the registration of the agreement with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website, and that copies be provided to the parties involved in the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established