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

[2024] FWCA 2414

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

(AG2024/2253)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2024

Application for approval of the Full Range 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 Full Range 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.

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 28 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who applied to the Fair Work Commission for the approval of the Full Range Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on whether the terms of the enterprise agreement complied with the relevant industrial laws and whether they were fair and reasonable for the employees and employers involved. The matter was heard by the Fair Work Commission.

The key legal issues before the Commission included whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly sections concerning minimum entitlements, procedural fairness, and the process for reaching the agreement. Additionally, the Commission had to determine if the agreement was in the best interest of the employees and whether it provided fair and reasonable terms. The Commission needed to assess if the agreement was made in good faith and whether it included appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the enterprise agreement was largely compliant with the Fair Work Act. It was determined that the agreement met the necessary legislative requirements and was fair and reasonable for both parties. The Commission was satisfied that the agreement was made in good faith and provided appropriate mechanisms for dispute resolution. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interest of the employees and employers involved.

The Fair Work Commission approved the Full Range Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The Commission's decision was based on the finding that the agreement was compliant with the Fair Work Act, was fair and reasonable, and was made in good faith. The approval ensures that the terms of the enterprise agreement are legally binding on the parties involved, providing a framework for industrial relations within the specified period.

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