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

[2024] FWCA 2019

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

(AG2024/1781)

PRECISION 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, 3 JUNE 2024

Application for approval of the Precision 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 Precision 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 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of an enterprise agreement between Precision Fire Protection Services Pty Ltd and two unions. The matter was heard by the Fair Work Commission, Australia's workplace relations tribunal. The unions sought to have the enterprise agreement approved under the Fair Work Act 2009, which requires that such agreements meet certain 'better off overall test' (BOOT) criteria to ensure employees are not worse off financially.

The legal issues before the Commission were whether the proposed agreement met the BOOT criteria and whether it complied with other relevant provisions of the Fair Work Act. The Commission had to assess the terms of the agreement against the legislative requirements, considering factors such as wage increases, penalty rates, and other employment conditions. It also had to ensure the agreement did not undermine the principle of no-disadvantage for employees not covered by the agreement.

The Fair Work Commission found that the proposed agreement met the BOOT criteria and complied with the legislative requirements. The agreement provided for wage increases and other benefits that, on balance, were favourable to the employees. The Commission was satisfied that the agreement did not result in any employees being worse off overall and that it was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as planned.

The final orders of the Commission were to approve the Precision Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from the date specified in the agreement. This decision allows the agreement to be implemented, providing a framework for employment conditions between the parties for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established