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

[2024] FWCA 2598

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

(AG2024/2476)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2024

Application for approval of the Effective Fire Projects 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 Effective Fire Projects 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

<AE525427 PR776959>
Annexure A

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Effective Fire Projects Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute was brought before the Fair Work Commission. The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for approval and registration. This included an assessment of whether the agreement was in the best interests of the employees it covered, and whether it provided for appropriate mechanisms for resolving disputes.

The Commission examined the provisions of the proposed agreement, considering factors such as the balance of rights and obligations, the fairness of the terms and conditions, and the overall impact on employees. The Court focused on whether the agreement provided for adequate protections for employees, including provisions for minimum rates of pay, classification of employees, and mechanisms for addressing disputes and grievances. The Commission also considered the evidence presented by the parties, including submissions from the union and the employer, as well as any relevant economic and industry context.

Upon review, the Fair Work Commission determined that the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. The agreement was found to be fair and reasonable, providing adequate protections and benefits for employees while also taking into account the interests of the employer. The Commission approved the agreement, noting the importance of the collective bargaining process and the need to support fair and effective workplace agreements. The decision was made in the interests of promoting industrial harmony and ensuring that the terms and conditions of employment were fair and equitable.

The final orders of the Commission included the approval and registration of the Effective Fire Projects Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from the date of the decision. This ruling ensures that the agreement will govern the employment conditions of the relevant employees for the specified period, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established