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

[2024] FWCA 2258

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

(AG2024/2049)

UNITED FIRE SERVICES (NSW) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2024

Application for approval of the United Fire Services (NSW) 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 United Fire Services (NSW) 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 18 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the United Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute arose due to disagreements over the terms of the proposed agreement, with the Union seeking the court's approval to implement the enterprise agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included whether the agreement contained the requisite "no disadvantage" term, ensuring that the agreement did not place employees in a position worse off than their previous conditions of employment. Additionally, the Commission needed to determine whether the agreement had been genuinely negotiated between the parties and whether it complied with the formal requirements of the Act.

In making its decision, the Commission noted that the agreement contained the necessary "no disadvantage" term and had been genuinely negotiated between the parties. The Commission was satisfied that the Union had demonstrated that the agreement was in the best interests of the employees and did not place them in a position worse off than their previous conditions. The Commission also found that the agreement complied with the formal requirements of the Fair Work Act. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the United Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The decision was made on the basis that the agreement met the necessary criteria for approval, including the "no disadvantage" term, and had been genuinely negotiated between the parties. The agreement was also found to comply with the formal requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established