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

[2024] FWCA 1849

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

(AG2024/1572)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2024

Application for approval of the Guardian Service & Maintenance 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 has made an application for approval of an enterprise agreement known as the Guardian Service & Maintenance 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 21 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Guardian Service & Maintenance Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. This application was heard by the Fair Work Commission (FWC). The dispute centred around the procedural fairness of the negotiation process and the terms of the proposed enterprise agreement, particularly in relation to their alignment with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the court required careful examination of the negotiation process, the substantive fairness of the agreement's terms, and whether the agreement complied with the relevant legislation. The FWC had to assess if the union and employer engaged in good faith negotiations and whether the agreement reflected a genuine attempt to reach an agreement. Furthermore, the court needed to consider if the terms of the agreement were consistent with the principles of procedural and substantive fairness, and if they were in line with the objectives of the Fair Work Act.

In delivering its decision, the FWC found that the negotiation process had been conducted in good faith, with both parties demonstrating a genuine effort to reach an agreement. The court highlighted that the agreement contained provisions that were procedurally fair and aligned with the legislative framework. It was determined that the terms of the agreement, while not perfect, were fair and reasonable in all the circumstances. The FWC was satisfied that the agreement met the necessary standards for approval, taking into account the broader context of the employment relationship and the need to balance the interests of both parties.

The FWC approved the Guardian Service & Maintenance Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, recognising the efforts of both the union and the employer in reaching a negotiated agreement. This decision underscores the importance of fair and good faith negotiations in the enterprise agreement process, and the FWC's role in ensuring that agreements are fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established