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

[2024] FWCA 2189

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

(AG2024/1957)

FIRE DOMAIN 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 Fire Domain 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 Fire Domain 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 application before the court was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Fire Domain Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement for the years 2024 to 2028. The case was heard in the Fair Work Commission. The union argued that the proposed enterprise agreement contained appropriate terms and conditions for employees working in the fire protection industry, including provisions on wages, working hours, and other employment-related matters. The applicant's main contention was that the agreement would ensure fair and reasonable terms of employment for the employees covered by it.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms of employment, and whether it complied with the procedural requirements set out in the Act. The court also had to consider whether the agreement was in the best interests of the employees it covered.

The court examined the terms of the proposed enterprise agreement and found that it contained provisions that were fair and reasonable for the employees it covered. The court noted that the agreement provided for appropriate wage rates, working hours, and other employment-related matters, and that it complied with the procedural requirements set out in the Act. The court also considered the interests of the employees and found that the agreement would provide them with fair and reasonable terms of employment.

In light of the above, the court approved the proposed enterprise agreement. The court found that the agreement met the statutory requirements under the Fair Work Act 2009 and that it was in the best interests of the employees it covered. The court's decision was based on a detailed analysis of the terms of the agreement and a consideration of the interests of the employees. The court's approval of the proposed enterprise agreement ensures that the employees covered by it will have fair and reasonable terms of employment for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established