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

[2024] FWCA 2192

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

(AG2024/1972)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JUNE 2024

Application for approval of the One 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 One 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 13 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer, One Fire Protection Pty Ltd, with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 being the subject of the dispute. The application was heard in the Fair Work Commission, the industrial relations tribunal responsible for overseeing such agreements in Australia. The Union sought approval for the proposed enterprise agreement, which was intended to govern employment terms and conditions for a period of four years. The employer opposed the application, raising concerns about certain provisions of the agreement.

The key legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included examining whether the agreement was free from any provisions that would have an adverse effect on the operation of a business, and whether it complied with the provisions of the Act relating to the bargaining process and the content of the agreement. The Commission had to consider the employer's objections and determine whether they were valid and whether they outweighed the benefits of the proposed agreement.

In delivering the decision, the Commission acknowledged the employer's concerns but found that the majority of the provisions in the agreement were reasonable and did not have an adverse effect on the business. The Commission found that the agreement contained appropriate safeguards for the business's operational needs while also providing fair and reasonable terms for the employees. The Commission noted that the agreement included provisions for flexibility and productivity, as well as provisions for dispute resolution and employee representation. The Commission concluded that the benefits of the proposed agreement outweighed any potential adverse effects, and approved the agreement as a registered enterprise agreement.

As a result of the decision, the Fair Work Commission approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 as a registered enterprise agreement. This means that the agreement will now govern the employment terms and conditions for the employees covered by the agreement for the next four years. The employer and the Union will be required to comply with the provisions of the agreement, and any disputes arising out of the agreement will be subject to the dispute resolution procedures outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established