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

[2024] FWCA 1589

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

(AG2024/1351)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2024

Application for approval of the CBRE (GWSLA) 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 CBRE (GWSLA) 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 2 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 for the approval of a proposed enterprise agreement between CBRE (GWSLA) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as well as the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union for the period 2024-2028. The application was brought under the Fair Work Act 2009, seeking to ensure that the agreement complied with the statutory requirements for enterprise agreements.

The primary legal issues that the Commission was required to address were whether the proposed agreement met the criteria for approval as set out in the Fair Work Act, including whether it complied with the good faith bargaining requirements, and whether it provided for the resolution of any outstanding issues in a fair and reasonable manner. The Commission also needed to determine if the agreement adequately protected the rights and interests of the employees involved, and whether it complied with the relevant provisions of the National Employment Standards and other applicable awards.

The Fair Work Commission found that the proposed agreement satisfied the requirements for approval under the Fair Work Act. The Commission noted that the parties had engaged in genuine and meaningful bargaining processes, and that the agreement included provisions for the resolution of any remaining issues. The Commission also determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the statutory requirements for enterprise agreements. The Commission concluded that the agreement was in the best interests of the employees and the employer, and approved the agreement accordingly.

The Fair Work Commission's decision to approve the proposed enterprise agreement demonstrates its commitment to facilitating fair and reasonable workplace outcomes for both employees and employers. The Commission's decision also highlights the importance of genuine and meaningful bargaining in the enterprise agreement process, and the need for agreements to provide for the fair and reasonable resolution of any outstanding issues. The approval of this agreement will provide certainty and stability for the parties involved, and will help to ensure that the rights and interests of employees are protected in the workplace.

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