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

[2024] FWCA 2075

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

(AG2024/1830)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2024

Application for approval of the Fusion Fire Protection 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 Fusion Fire Protection 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) seeking approval of the Fusion Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The Applicant argued that the proposed enterprise agreement was fair and should be approved under the Fair Work Act. The Commission was required to determine whether the agreement was appropriate and fair in terms of its provisions, coverage, and the process by which it was formed.

The legal issues the Commission had to address included whether the agreement met the requirements of being a "bargained agreement" under section 232 of the Fair Work Act, whether the agreement provided for the fair remuneration and conditions of employment for employees covered by the agreement, and whether the agreement was made in good faith and without coercion, duress, or any other improper conduct. The Commission also had to consider the fairness of the agreement in light of the broader economic and employment context.

In delivering its decision, the Commission found that the agreement met the statutory criteria for being a bargained agreement, as it was negotiated in good faith between the parties and provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement was fair and appropriate in terms of its provisions, coverage, and the process by which it was formed. The Commission took into account the economic context, the bargaining power of the parties, and the need to balance the interests of both employers and employees. The Commission was satisfied that the agreement provided for fair remuneration and conditions of employment and was not detrimental to the employees.

The Fair Work Commission approved the Fusion Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The approval was subject to the agreement being registered with the Fair Work Commission and the parties complying with the terms and conditions of the agreement. The decision of the Commission was binding on the parties and provided a framework for the employment relationship between Fusion Fire Protection Pty Ltd and the union for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established