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

[2024] FWCA 2009

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

(AG2024/1756)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2024

Application for approval of the Pulse 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 Pulse 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 31 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between Pulse Fire Protection Pty Ltd and two unions, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was tasked with examining the agreement to determine if it complied with the provisions of the Act, particularly focusing on the minimum terms and conditions that must be covered by such agreements.

The central legal issues the Commission had to address included whether the agreement provided for fair and reasonable minimum terms and conditions, and whether it met the requirements for good faith bargaining. The Commission also had to consider if the agreement was made in accordance with the procedural fairness principles, ensuring that both parties had a genuine opportunity to negotiate and that the agreement was not the result of any form of coercion or undue influence. Furthermore, the Commission examined whether the agreement provided for a proper balance between the interests of the employer and the employees.

In its decision, the Commission found that the enterprise agreement was made in good faith and adhered to the necessary legal standards. The agreement was comprehensive, covering a range of terms and conditions that met the minimum requirements set out in the Fair Work Act. The Commission was satisfied that both parties had genuinely negotiated the agreement and that it reflected a fair and reasonable balance of interests. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and enforceable document under the Act.

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