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

[2024] FWCA 2244

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

(AG2024/2075)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2024

Application for approval of the ARA Fire Protection Services 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 ARA Fire Protection Services 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 17 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the ARA Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The application was made in the Fair Work Commission, and the union argued that the agreement met the criteria for approval under the Fair Work Act. The dispute centred on whether the agreement contained terms that complied with the Act's provisions, particularly in relation to employee protections and the negotiation process.

The court was required to determine if the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees. The union argued that the agreement was the result of genuine negotiations and that it offered fair and reasonable terms. The employer, on the other hand, raised concerns about specific terms within the agreement, contending that they were unfair or unreasonable. The court had to carefully consider the evidence presented by both parties and assess whether the agreement met the legislative standards for approval.

The court found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The union presented evidence that demonstrated the process of negotiation and the involvement of the employees in the process. The court also considered the employer's concerns, but found that the terms in question did not render the agreement invalid. The court concluded that the agreement met the criteria for approval under the Fair Work Act and granted the application for approval. The union's application was thus successful.

The Fair Work Commission approved the ARA Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, confirming that it was genuinely negotiated and provided fair and reasonable terms for the employees. The decision sets a precedent for future enterprise agreements in the industry and reinforces the importance of genuine negotiations and fair terms in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established