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

[2024] FWCA 1925

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

(AG2024/1652)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the Goliath Fire 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 Goliath Fire 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 28 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 (the Union) for approval of the Goliath Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on whether the proposed enterprise agreement was in the public interest and met the criteria for approval under the Fair Work Act 2009. The Union sought to have the agreement approved for its members employed by Goliath Fire Pty Ltd, covering various terms and conditions of employment.

The primary legal issue for the Commission to determine was whether the proposed agreement was consistent with the provisions of the Fair Work Act, particularly in relation to its adherence to the national system for the resolution of industrial matters. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it contained any provisions that were contrary to the public interest or that would undermine the national system. The Union argued that the agreement was fair and reasonable, while Goliath Fire Pty Ltd did not oppose the application but requested certain clarifications.

In reaching its decision, the Commission carefully examined the contents of the proposed agreement. It noted that the agreement addressed a range of employment terms, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The Commission found that the agreement was comprehensive and provided for fair and reasonable terms and conditions for the employees. It also concluded that the agreement did not contain any provisions that were contrary to the public interest or that would undermine the national system for the resolution of industrial matters. The Commission approved the application, finding that the agreement was consistent with the national system and in the public interest.

Accordingly, the Fair Work Commission approved the Goliath Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The agreement is now in force and binding on Goliath Fire Pty Ltd and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established