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

[2024] FWCA 2708

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

(AG2024/2593)

CHAMPION FIRE 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 Champion Fire 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 Champion Fire 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 before the Fair Work Commission involved an application for the approval of the Champion Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The parties to the agreement were Champion Fire Pty Ltd, as the employer, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees. The dispute centred on the provisions of the enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act 2009.

The central legal issue the court had to decide was whether the enterprise agreement complied with the statutory requirements for approval. This involved examining whether the agreement contained all the mandated terms and conditions, whether it was free from any unfair content, and whether it had been genuinely negotiated. Furthermore, the court assessed if the agreement appropriately balanced the rights and interests of both the employer and employees, and if it adhered to the procedural requirements for registration.

In reaching its decision, the court meticulously reviewed the provisions of the enterprise agreement against the legislative standards set forth in the Fair Work Act 2009. The court found that the agreement included all the mandated terms and conditions, and was free from any unfair content. The court also determined that the agreement had been genuinely negotiated and appropriately balanced the rights and interests of both parties. Moreover, the court confirmed that the agreement had been properly registered. Consequently, the court approved the agreement, finding it to be compliant with the statutory requirements for approval.

The final order of the court was that the Champion Fire 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. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment between the employer and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established