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

[2024] FWCA 2175

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

(AG2024/1922)

FLUID 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 Fluid 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 Fluid 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 before the Fair Work Commission involved an application for the approval of the Fluid Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The parties to the agreement were Fluid Fire Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute centred on whether the agreement complied with the relevant industrial relations legislation and whether it was in the best interests of the employees covered by the agreement.

The legal issues the court was required to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in terms of its impact on the employees. The court had to consider various aspects of the agreement, including the provisions related to wages, working conditions, dispute resolution mechanisms, and any other relevant terms and conditions of employment. The court also had to determine if the agreement provided for a fair and reasonable balance between the interests of the employer and the employees.

In reaching its decision, the court considered the submissions made by both parties and the evidence presented. The court examined the agreement's compliance with the statutory requirements, including whether it met the minimum entitlements under the National Employment Standards and other applicable awards. The court also assessed whether the agreement provided for a fair and reasonable balance of rights and obligations between the parties and if it was in the best interests of the employees. After careful consideration, the court found that the agreement met all the necessary requirements and was fair and reasonable. The court approved the agreement, and it is now legally binding on the parties involved.

The final orders of the court were that the Fluid Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved and registered with the Fair Work Commission. The agreement will now govern the employment terms and conditions for the employees covered by the agreement for the period of 2024 to 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established