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

[2024] FWCA 2595

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

(AG2024/2448)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2024

Application for approval of the Emerge Fire Services 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 Emerge Fire Services 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 12 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter concerning the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was tasked with assessing the application for approval of the Emerge Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute arose due to the complexities and requirements involved in the approval of enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court had to address involved whether the application complied with the statutory requirements for enterprise agreements and whether the agreement itself was in the best interests of the employees it covered. This included assessing if the agreement provided for fair and reasonable terms, particularly in relation to the minimum entitlements prescribed by the relevant industrial instrument, and whether the process followed for reaching the agreement was appropriate and in compliance with the legislative provisions.

The court meticulously reviewed the application, examining the procedural integrity of the bargaining process and the substantive provisions of the agreement. It determined that the application was compliant with the legal standards set out in the Fair Work Act 2009. The court found that the agreement met the necessary criteria for approval, including the provision of fair and reasonable terms for the employees involved. The court concluded that the agreement was in the best interests of the employees, given the fair and balanced nature of its terms and the proper process through which it was negotiated.

In light of the above, the court approved the application for the Emerge Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, thereby allowing it to take effect as a legally binding industrial instrument.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established