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

[2024] FWCA 2077

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

(AG2024/1825)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2024

Application for approval of the Adept Fire Protection 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 Adept Fire Protection 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 5 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Adept Fire Protection Services Pty Ltd, with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 at the heart of the dispute. The application for approval of the enterprise agreement was brought before the Fair Work Commission, which was required to determine if the agreement met the necessary criteria for endorsement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper and efficient operation of the enterprise, contained appropriate mechanisms for resolving workplace disputes, and complied with the Fair Work Act's good faith bargaining requirements. Additionally, the Commission had to consider whether the agreement adequately addressed the interests of employees and employers, including provisions on wages, conditions of employment, and other terms and conditions.

In reaching its decision, the Fair Work Commission carefully examined the terms and conditions of the agreement, taking into account the submissions from both parties and relevant industry benchmarks. The Commission found that the agreement met the necessary criteria for endorsement, as it provided for the efficient operation of the enterprise, contained appropriate mechanisms for resolving workplace disputes, and complied with the good faith bargaining requirements of the Act. Furthermore, the Commission was satisfied that the agreement adequately balanced the interests of employees and employers, providing fair and reasonable terms and conditions for all parties involved. As a result, the Fair Work Commission approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, bringing an end to the dispute between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established