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

[2024] FWCA 2220

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

(AG2024/1977)

REACTIVE FIRE 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 Reactive Fire 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 Reactive Fire 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 applicant union sought approval of the enterprise agreement between the union and Reactive Fire Services Pty Ltd, for the period 2024 to 2028. The dispute was heard by the Fair Work Commission, which has the authority to approve enterprise agreements where it is satisfied that the agreement is in the interests of the employees. The union argued that the agreement was fair and appropriate, while the employer did not oppose the application.

The central legal issue before the Commission was whether the enterprise agreement met the statutory criteria for approval. The Commission had to consider if the agreement provided for the appropriate minimum terms and conditions of employment, including rates of pay, hours of work, leave entitlements, and other relevant terms. The Commission also needed to determine if the agreement was free from any provisions that would have an adverse effect on the employees' ability to exercise their rights under the Fair Work Act.

The Commission found that the agreement contained provisions that were consistent with the minimum terms and conditions set out in the relevant awards. It also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and included provisions for the protection of employees' rights. The Commission was satisfied that the agreement did not contain any provisions that would have an adverse effect on the employees' ability to exercise their rights under the Fair Work Act. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between the union and the employer, effective from 1 January 2024. The decision highlights the importance of ensuring that enterprise agreements meet the statutory criteria for approval, including providing for appropriate minimum terms and conditions of employment and protecting employees' rights. The decision also reinforces the role of the Fair Work Commission in approving enterprise agreements that are in the interests of the employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established