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

[2024] FWCA 1720

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

(AG2024/1434)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2024

Application for approval of the Unified 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 Unified 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 10 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for approval of the Unified Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement). The parties involved were the Applicant and Unified Fire Protection Pty Ltd (the Employer). The Applicant sought the Commission's approval of the Agreement, which was to cover employees who were members of the Applicant union and employed by the Employer. The dispute centred on the terms and conditions of employment, including wages, hours of work, leave entitlements, and other employment-related matters as outlined in the proposed Agreement.

The primary legal issue before the Commission 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 was a "new agreement", whether it was "fair", and if it complied with the various provisions of the Act. The Commission also had to determine whether the Agreement included a "no disadvantage" clause and whether the Applicant had followed the necessary procedural steps in seeking approval. The Applicant argued that the Agreement was fair and met all the statutory requirements, while the Employer did not oppose the application but raised concerns about certain provisions.

In its decision, the Commission examined the contents of the Agreement and the evidence provided by the parties. The Commission found that the Agreement was a new agreement, as it was not based on a previous enterprise agreement between the parties. The Commission also determined that the Agreement was fair and met the statutory requirements for approval, including the "no disadvantage" test. The Commission noted that the Agreement provided for a reasonable balance between the interests of the employees and the Employer and did not contain any terms that would disadvantage employees compared to the applicable awards. The Commission was satisfied that the Applicant had followed the necessary procedural steps in seeking approval of the Agreement.

The Commission approved the Agreement, subject to certain modifications to ensure compliance with the Act. The final orders included the approval of the Agreement with the modifications and a requirement for the parties to notify the Commission of any further changes to the Agreement. The Commission's decision provided clarity on the requirements for approving enterprise agreements and the considerations that must be taken into account in determining whether an agreement is fair and meets the statutory requirements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established