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

[2024] FWCA 2072

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

(AG2024/1784)

BASE 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 Base 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 Base 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 proceedings involved an application for approval of an enterprise agreement. The parties included the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Base Fire Protection Pty Ltd (the Employer). The dispute was lodged with the Fair Work Commission, which is the court in this matter. The Applicant sought approval for the Base Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028.

The legal issues before the court were whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Applicant needed to demonstrate that the agreement had been made in good faith, that it contained the minimum terms and conditions of employment, and that it was free from any unlawful content. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it allowed for the fair resolution of disputes between the parties.

The court examined the proposed agreement and found that it met the requirements of the Act. The Applicant had demonstrated that the agreement had been made in good faith, and that it contained the minimum terms and conditions of employment. The court was satisfied that the agreement was free from any unlawful content, and that it provided for fair and reasonable terms and conditions. The court also found that the agreement allowed for the fair resolution of disputes between the parties.

The court approved the proposed agreement, subject to certain modifications to ensure compliance with the Act. These modifications included changes to the dispute resolution provisions and the inclusion of certain minimum terms and conditions of employment. The final orders of the court were that the agreement be approved, with the modifications noted. The Employer and the Applicant were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established