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

[2024] FWCA 2374

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

(AG2024/2195)

ULTRASAFE FIRE PROTECTION SERVICES & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2024

Application for approval of the Ultrasafe Fire Protection Services & 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 Ultrasafe Fire Protection Services & 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 26 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the Ultrasafe Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on the application for the approval of the aforementioned enterprise agreement. This application was brought under the Fair Work Act 2009, which mandates the court to consider whether the agreement complies with the relevant provisions of the Act and whether it meets the criteria for fair and reasonable terms.

The legal issues that the court needed to determine included whether the enterprise agreement provided for fair and reasonable terms for the employees it covered, whether it included appropriate mechanisms for the resolution of workplace disputes, and whether it adhered to the procedural requirements outlined in the Fair Work Act. The court had to examine various provisions of the agreement, such as wages, working conditions, dispute resolution processes, and other terms and conditions of employment, to ascertain whether they were fair and reasonable.

The court conducted a detailed analysis of the enterprise agreement, taking into account the evidence presented by both the union and the employer. It found that the agreement, while largely compliant with the Act, had some deficiencies in its dispute resolution provisions. After considering the submissions from both parties and the broader implications for the workforce, the court determined that the overall fairness and reasonableness of the agreement were not compromised by these deficiencies. Consequently, the court granted the application for approval of the enterprise agreement, subject to the modifications and clarifications it recommended. These modifications were aimed at ensuring that the agreement would better serve the interests of the employees and provide an effective framework for resolving workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established