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

[2024] FWCA 2451

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

(AG2024/2312)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JULY 2024

Application for approval of the Central Fire Systems 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 Central Fire Systems 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 2 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union"), sought approval of an enterprise agreement between the employer, Central Fire Systems Pty Ltd, and the union, CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the "Agreement"). The matter was heard in the Fair Work Commission, the relevant federal industrial relations tribunal in Australia.

The central issue for the Commission was whether the Agreement complied with the provisions of the Fair Work Act 2009, particularly regarding the requirements for enterprise agreements. The Union argued that the Agreement met all statutory requirements, while the employer did not raise any objections to the terms of the Agreement. However, the Commission had to ensure that the Agreement complied with the Fair Work Act, including provisions regarding the disclosure of information and the protection of employees' rights.

In determining whether the Agreement met the statutory requirements, the Commission considered the provisions of the Fair Work Act, including the need for the Agreement to be in writing, to specify the terms and conditions of employment, and to provide for a process for resolving disputes. The Commission also considered the need for the Agreement to provide for the disclosure of information and the protection of employees' rights. The Commission found that the Agreement met all of these requirements and was therefore approved. The Union's application for approval of the Agreement was successful.

The Commission approved the Agreement, finding that it complied with the requirements of the Fair Work Act. The employer and the Union are now bound by the terms and conditions of the Agreement for the period 2024-2028.

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

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established