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

[2024] FWCA 2195

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

(AG2024/1943)

FORCE FIRE & SAFETY 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 Force Fire & Safety 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 Force Fire & Safety 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 court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of an enterprise agreement between Force Fire & Safety Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement). The application was made under the Fair Work Act 2009. The primary issue for the court was whether the Agreement met the requirements of the Act, including whether it was a "better off overall test" (BOOT) agreement, which requires that no party be worse off than they would be under the relevant awards or existing agreements. The court also needed to determine if the Agreement was fairly and properly negotiated and if it contained appropriate provisions for dispute resolution and employee protection.

The court examined the submissions from both parties and reviewed the terms of the Agreement. It found that the Agreement was fairly and properly negotiated and contained appropriate provisions for dispute resolution and employee protection. The court also determined that the Agreement was a BOOT agreement, as it provided for improvements in pay and conditions for employees without reducing their overall entitlements. The court concluded that the Agreement was in the best interests of the employees and approved the application.

In light of the above, the court approved the application for the Force Fire & Safety Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The Agreement will now be binding on all parties from the effective date as specified in the Agreement. This decision provides certainty for the employees and employers involved in the Agreement and ensures that they will benefit from the improved terms and conditions of employment contained within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established