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

[2024] FWCA 1972

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

(AG2024/1709)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

Application for approval of the PLJ Holdings 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 PLJ Holdings 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 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the PLJ Holdings Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The primary parties to this dispute were PLJ Holdings Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, together with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The dispute centred on the terms and conditions of employment under the proposed enterprise agreement and whether it complied with the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement adhered to the statutory requirements for enterprise agreements under the Fair Work Act, including provisions on minimum entitlements, and whether it was made in good faith and contained appropriate mechanisms for resolving future disputes. The Commission also had to assess whether the agreement addressed the needs of employees fairly and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission examined the provisions of the proposed enterprise agreement in detail, considering its alignment with the Fair Work Act's provisions. The Commission determined that the agreement met all the necessary statutory criteria, including the provision of minimum entitlements, and was made in good faith. The agreement also included appropriate dispute resolution mechanisms, ensuring that it would facilitate productive workplace relations. The Commission concluded that the enterprise agreement was fair and balanced, taking into account the interests of both the employer and the employees.

Consequently, the Fair Work Commission approved the PLJ Holdings Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from 1 April 2024. This approval signified that the agreement was in compliance with the Fair Work Act and was suitable for the intended 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