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

[2024] FWCA 2650

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

(AG2024/2508)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2024

Application for approval of the Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 17 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement). The dispute was heard by the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to manage workplace relations matters in Australia.

The legal issues before the Commission included whether the proposed Agreement met the requirements of the Fair Work Act, particularly in terms of ensuring that it provided fair and reasonable terms for the employees covered by it. The Commission also had to determine if the Agreement included appropriate mechanisms for dispute resolution and if it adequately covered matters such as working conditions, remuneration, and other employment-related provisions.

In delivering its decision, the Fair Work Commission examined the provisions of the Agreement in detail, considering input from both the Union and the employer. The Commission found that the Agreement was fair and reasonable, providing adequate protections and benefits for employees, and that it complied with the statutory requirements of the Fair Work Act. The Commission also noted that the Agreement included provisions for dispute resolution that were both clear and accessible, ensuring that employees would have appropriate recourse if issues arose. Given these findings, the Commission approved the Agreement, confirming its validity and enforceability.

The final orders of the Commission were to approve the proposed enterprise agreement between the Union and Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from the date of the decision. This approval ensures that the Agreement can be implemented as intended, providing a framework for the employment terms and conditions of the workers covered by it.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established