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

[2024] FWCA 1909

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

(AG2024/1600)

FIRE PROTECTION SYSTEMS (AUST) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2024

Application for approval of the Fire Protection Systems (Aust) 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 Fire Protection Systems (Aust) 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 24 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of an enterprise agreement. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Fire Protection Systems (Aust) Pty Ltd (the "Employer"). The Union sought approval of the Fire Protection Systems (Aust) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the "Agreement"). The nature of the dispute was procedural, concerning the application process for the approval of the Agreement.

The primary legal issue the court had to address was whether the application for approval of the Agreement was compliant with the relevant legislative provisions. Specifically, the court needed to determine if the Union had followed the correct procedures as set out in the Fair Work Act 2009 (Cth). This involved examining the timing, content, and procedural aspects of the application, including whether the Union had properly notified all relevant parties and if the application was made within the stipulated time frames.

The court considered the provisions of the Fair Work Act 2009 (Cth) and found that the Union had adhered to all necessary procedural requirements. The application was submitted on time, included all required documentation, and properly notified the relevant parties. The court was satisfied that the Union had followed the correct procedures and determined that the application was in compliance with the legislation. Consequently, the court approved the Agreement.

The final orders of the court were that the Fire Protection Systems (Aust) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved as a registered agreement. The approval was effective from the date of the court's decision and remained in force until the end of the agreement period, which is 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established