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

[2024] FWCA 2396

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

(AG2024/2232)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

Application for approval of the Defender 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 Defender 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 27 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case 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 (CEPU) and Defender Fire Protection Pty Ltd. The dispute arose in the context of the Fair Work Commission's (FWC) responsibility to approve the agreement in accordance with the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the legal requirements for approval and whether it complied with the Fair Work Act.

The primary legal issues before the FWC were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, and whether the agreement complied with the provisions of the Act regarding its fairness and coverage. Specifically, the court needed to determine if the agreement had been made free from any improper influence or coercion, and if it provided for a fair and reasonable outcome for the employees covered by the agreement.

The FWC evaluated the agreement based on the statutory criteria set out in the Fair Work Act. The Commission found that the agreement was made in good faith, without any improper influence or coercion. The agreement was also found to be fair and reasonable, providing for appropriate protections and entitlements for the employees. The FWC concluded that the agreement met all the legal requirements for approval and was in compliance with the Fair Work Act. The Commission approved the agreement, finding that it was appropriate to do so in the interests of achieving a fair and reasonable outcome for the employees.

In conclusion, the FWC approved the enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Defender Fire Protection Pty Ltd. The decision highlighted the importance of ensuring that enterprise agreements are made in good faith and are fair and reasonable, in line with the provisions of the Fair Work Act. The approval of the agreement will provide certainty and stability for the employees and employers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established