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

[2024] FWCA 2110

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

(AG2024/1863)

ALERT FIRE PROTECTION SERVICES & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2024

Application for approval of the Alert Fire Protection Services & 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 Alert Fire Protection Services & 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 7 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Alert Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on the terms of employment for employees working in the fire protection industry, specifically those employed by Alert Fire Protection Services. The union argued that the proposed agreement was fair and reasonable, while the employer contested certain provisions, particularly those relating to wages and conditions.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This required the Commission to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the safety net provisions of the Act. The Commission needed to ensure that the agreement did not undermine the minimum standards of pay and conditions set out in the relevant award.

In delivering its decision, the Commission considered the arguments presented by both parties and examined the terms of the proposed agreement. The Commission found that the agreement was fair and reasonable, as it provided for appropriate wages and conditions that were in line with industry standards. The Commission noted that the agreement included provisions for wage increases, improvements to leave entitlements, and provisions for dispute resolution. The employer's objections were largely centred on the wage increases, but the Commission determined that these were justifiable given the prevailing economic conditions and the need to maintain the competitiveness of the industry. The Commission ultimately approved the agreement, finding that it met the necessary criteria under the Act.

The final orders of the Commission were that the Alert Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved as a registered agreement. This decision provides clarity for both employers and employees in the fire protection industry, ensuring that the terms of employment are fair and reasonable, while also maintaining the competitiveness of the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established