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

[2024] FWCA 2259

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

(AG2024/2046)

CB FIRE PROTECTION 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 CB 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 CB 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 18 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the CB Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute involved the negotiation and terms of this enterprise agreement between the union and the employer. The case was heard and determined by the Commission, which had to decide whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Act, particularly concerning the terms and conditions of employment. The Commission had to assess whether the agreement was made in good faith, provided for the proper classification of employees, and did not have provisions that were contrary to public policy or that discriminated against employees. Additionally, the Commission needed to consider if the agreement was fair and reasonable in all its aspects, and whether it provided for proper mechanisms for dispute resolution.

After examining the evidence and arguments presented by both parties, the Commission concluded that the enterprise agreement met the necessary criteria for approval. The Commission found that the agreement was negotiated in good faith and contained provisions that were fair and reasonable for both the employer and employees. It also determined that the agreement did not contain any terms that were contrary to public policy or discriminatory. The Commission approved the enterprise agreement, recognising that it provided a balanced and fair framework for employment conditions between the union and the employer.

The Fair Work Commission approved the CB Fire Protection 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. This decision ensures that the terms and conditions of employment are legally sound and fair for both parties, and sets a precedent for future agreements in similar contexts.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established