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

[2024] FWCA 1907

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

(AG2024/1596)

FLAMESAFE FIRE PROTECTION 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 FlameSafe 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 FlameSafe 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 24 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the FlameSafe Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it was appropriately negotiated. The Commission was required to assess if the agreement met the criteria for approval under the Act and if it was a genuine outcome of the bargaining process.

The primary legal issues the Commission addressed were whether the agreement was appropriately negotiated and if it adhered to the procedural requirements of the Fair Work Act. The Commission also examined whether the terms of the agreement were fair and reasonable, considering the interests of both the employer and the employees. Additionally, the Commission assessed whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Act.

In delivering its decision, the Commission emphasised the importance of genuine bargaining and compliance with legislative requirements. It found that the agreement was appropriately negotiated and met the criteria for approval. The Commission concluded that the terms were fair and reasonable, taking into account the interests of both parties. It was determined that the agreement included all the necessary minimum terms and conditions. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and FlameSafe Fire Protection Pty Ltd. The agreement, covering the period 2024-2028, was found to be the result of genuine bargaining and compliant with the Fair Work Act. The Commission determined that the terms of the agreement were fair and reasonable and included all necessary minimum terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established