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

[2024] FWCA 2286

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

(AG2024/2117)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JUNE 2024

Application for approval of the Endfire Engineering 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 Endfire Engineering 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 20 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, representing employees in the communications, electrical, and plumbing sectors, sought approval of a proposed enterprise agreement for the period 2024-2028. The court was required to determine whether the agreement complied with the relevant legislative provisions and whether the union had followed the necessary processes in its negotiation and ratification. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue before the court was whether the union had properly followed the procedures mandated by the Fair Work Act 2009 in negotiating and submitting the enterprise agreement. This included verifying that the union had genuinely sought to bargain with the employer and that the agreement met the statutory requirements for good faith bargaining and coverage. The court also had to assess whether the agreement provided for fair and reasonable terms for the employees, including wages, hours of work, and other conditions.

The court found that the union had appropriately engaged in the bargaining process and that the agreement met the statutory requirements for good faith bargaining. The court also determined that the agreement provided for fair and reasonable terms for the employees, including provisions for wages, hours of work, and other conditions. The court approved the enterprise agreement, confirming its compliance with the relevant legislative provisions. The union was deemed to have followed the necessary processes in the negotiation and ratification of the agreement.

The Fair Work Commission approved the Endfire Engineering Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, confirming its compliance with the Fair Work Act 2009. The court's decision ensured that the employees in the relevant sectors would benefit from the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established