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

[2024] FWCA 2191

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

(AG2024/1945)

FORCE FIRE SERVICES 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 Force 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 Force 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 13 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Force Fire Services Pty Ltd. The applicant union sought approval of the agreement which covers employees in the NSW and ACT regions for the period 2024-2028. The application was heard in the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements and employment relations in Australia.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT) as per section 234 of the Act. This test requires that the employees be at least as well off financially under the new agreement as they would be under the applicable award, and also be provided with additional benefits. Additionally, the Commission had to consider whether the agreement contained all the mandatory terms prescribed by the Fair Work Regulations 2009.

In assessing the agreement, the Commission took into account the evidence provided by both the union and the employer, including the financial impacts of the proposed agreement on employees. The Commission found that the agreement did satisfy the BOOT, as it provided employees with improved wages and conditions compared to the relevant award, and included all mandatory terms as required by regulation. The union demonstrated that the agreement would result in a positive outcome for employees, thereby fulfilling the statutory requirements for approval.

Consequently, the Commission approved the Force Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from the date of the decision. This approval ensures that the agreement will legally govern the employment conditions of the covered employees for the specified period, provided there are no subsequent changes to the law or the terms of the agreement that would require further intervention by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established