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

[2024] FWCA 2154

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

(AG2024/1875)

YOUR FIRE PROTECTION & 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 Your Fire Protection & 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 Your Fire Protection & 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 before the Fair Work Commission was an application for the approval of the Your Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the employees, and Your Fire Protection, representing the employer. The primary dispute was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the public interest, taking into account factors such as the impact on employment conditions, the potential for improved productivity, and the overall fairness of the terms.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it provided for the proper determination of employees' terms and conditions of employment, and whether it met the public interest test. The Commission had to consider the submissions from both parties, as well as the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission also needed to assess whether the agreement complied with the Fair Work Regulations 2009, particularly in terms of the disclosure requirements for enterprise agreements.

After careful consideration of the evidence and arguments presented by both parties, the Fair Work Commission determined that the proposed enterprise agreement met the criteria for approval. The Commission found that the agreement was genuinely negotiated and provided for the proper determination of employees' terms and conditions of employment. It was also satisfied that the agreement met the public interest test, as it was likely to result in improved productivity and better outcomes for employees. Consequently, the Commission approved the Your Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, and it will now come into effect on the agreed start date. This decision provides certainty and stability for both employers and employees, ensuring that the terms of the agreement are fair and in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established