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

[2024] FWCA 2211

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

(AG2024/1975)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the Absolute Fire Safety 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 Absolute Fire Safety 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 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between Absolute Fire Safety Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-28. The application was heard by the Fair Work Commission (FWC) in Australia, which is tasked with the responsibility of approving enterprise agreements to ensure they meet certain legislative standards.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). This involved assessing if the agreement contained all the mandatory terms and conditions as required by the Act, and if it met the good faith bargaining requirements. The FWC had to consider if the agreement was made in good faith, if it provided for a fair and efficient way to determine employees' terms and conditions of employment, and if it was free from any coercion or undue influence.

The FWC determined that the proposed agreement was in compliance with the Fair Work Act. The Commission found that all the mandatory terms and conditions were included, and that the agreement was the product of genuine and good faith negotiations. The FWC concluded that the agreement was fair and efficient in its provisions and did not contain any terms that were against the public interest. Consequently, the FWC approved the enterprise agreement, ensuring its implementation for the specified period.

No specific orders were required beyond the approval of the enterprise agreement. The FWC's decision was final and binding, and the approved agreement would now govern the terms and conditions of employment for the employees of Absolute Fire Safety Services Pty Ltd as per the terms outlined in the agreement.

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established