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

[2024] FWCA 1974

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

(AG2024/1710)

INFLAME FIRE SERVICES 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 Inflame Fire 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 Inflame Fire 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 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Inflame Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute arose from negotiations between the union and the employer, leading to the proposed agreement. The central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the public interest.

The Commission examined various provisions of the proposed agreement, including pay rates, working conditions, and dispute resolution mechanisms. The union argued that the agreement was fair and reasonable, reflecting the needs and interests of the employees. The employer supported the application, highlighting the agreement's alignment with business objectives and its potential to foster a productive working environment. The Commission also considered submissions from interested parties and the broader implications of the agreement on the industry and the workforce.

After careful consideration, the Fair Work Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the interests of both the employees and the employer. The Commission also concluded that the agreement was in the public interest, promoting a balanced approach to employment relations. The agreement was approved, and the Commission issued its decision, setting out the terms and conditions that would apply to the employees of Inflame Fire Services Pty Ltd under the approved agreement.

The final orders of the Commission included the approval of the Inflame Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, with the specific terms and conditions as set out in the decision. The agreement would now govern the employment relationship between the union, the employer, and the employees, providing a framework for resolving disputes and ensuring fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established