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

[2024] FWCA 2528

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

(AG2024/2512)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2024

Application for approval of the Premier Fire Services (NSW) 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 Premier Fire Services (NSW) 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.

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 and 188 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 9 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Premier Fire Services (NSW) Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The union sought approval of the agreement, which outlines terms and conditions of employment for workers in the fire services industry. The application was brought before the court under the Fair Work Act 2009, which provides the legal framework for the approval of enterprise agreements.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act. The court needed to determine if the agreement contained all the required provisions, if it was free from prohibited content, and if the agreement had been made in good faith and without coercion. The court also had to consider whether the agreement would have a significant benefit to the employees covered by it.

In making its decision, the court examined the contents of the agreement and the process by which it was negotiated and agreed upon. The court found that the agreement contained all the necessary provisions and was free from any prohibited content. It was also satisfied that the agreement had been made in good faith and without any form of coercion. The court further determined that the agreement would provide a significant benefit to the employees, as it provided for fair wages and conditions of employment. Based on these findings, the court approved the agreement.

The court's final orders included the approval of the Premier Fire Services (NSW) Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, which will now govern the employment conditions for workers in the fire services industry in New South Wales and the Australian Capital Territory for the period 2024-2028. The agreement is expected to provide improved wages and conditions for employees, and promote industrial peace and harmony in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established