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

[2024] FWCA 2398

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

(AG2024/2225)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2024

Application for approval of the Fine Line Fire Protection 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 Fine Line Fire Protection 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 matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Fine Line Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Respondents). The dispute pertained to the approval of a proposed enterprise agreement that would govern the employment terms and conditions of employees within the specified industry and region over the next four years. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Act. This included verifying that the agreement was made in good faith, that the necessary bargaining processes were followed, and that the agreement contained provisions that were fair and reasonable. The Commission also needed to consider whether the agreement provided for the protection of employees' interests, including provisions on wages, hours of work, leave, and other terms and conditions of employment. Additionally, the Commission examined whether any provisions in the agreement might unfairly disadvantage certain employees or contravene any relevant industrial laws.

In rendering its decision, the Commission carefully reviewed the proposed agreement, the submissions made by the parties, and any relevant evidence. The Commission assessed the agreement against the criteria for approval, including the good faith test and the fair and reasonable test. The Commission found that the agreement had been negotiated in good faith and that the bargaining processes had been followed appropriately. The Commission also concluded that the agreement contained provisions that were fair and reasonable and provided adequate protection for the employees' interests. After thorough consideration, the Commission determined that the proposed enterprise agreement met the necessary criteria for approval and was in the best interests of the employees and employers involved.

Consequently, the Fair Work Commission approved the Fine Line Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The approval signifies that the agreement will govern the employment terms and conditions for the specified period, providing a framework for the industrial relationship between the parties. This decision ensures that the agreement is legally binding and enforceable, promoting fair and effective industrial relations within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established