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

[2024] FWCA 2193

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

(AG2024/1980)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JUNE 2024

Application for approval of the Wood 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 Wood 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 matter before the Fair Work Commission concerned an application for the approval of the Wood Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The applicant, the union, sought the endorsement of the enterprise agreement which had been negotiated with the employer. The dispute centred on the union's request for the commission to formally approve the agreement, ensuring its enforceability under the Fair Work Act 2009.

The primary legal issue for the commission to determine was whether the enterprise agreement complied with the legislative requirements set out in the Fair Work Act. Specifically, the commission needed to assess whether the agreement was made in good faith, whether it provided for the proper classification of employees, and whether it adhered to the relevant provisions concerning minimum terms and conditions of employment. The union argued that the agreement met all necessary criteria, while any opposing submissions or concerns from other parties were not explicitly detailed in the decision.

In delivering its decision, the commission considered the terms of the enterprise agreement and the evidence presented by the union. The commission found that the agreement was made in good faith and contained provisions that complied with the statutory requirements for minimum terms and conditions. The commission also noted that the agreement included appropriate classification of employees and was consistent with broader industrial and legislative standards. Based on this assessment, the commission approved the enterprise agreement, confirming its enforceability under the Fair Work Act.

The final orders of the commission were that the Wood Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved, effective from the date of the decision. This approval ensures that the agreement is legally binding on the parties involved and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established