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

[2024] FWCA 1587

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

(AG2024/1338)

EXTINGUISHED FIRE (NSW) 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 Extinguished Fire (NSW) 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 Extinguished Fire (NSW) 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 case involved an application for the approval of the Extinguished Fire (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The parties involved included the employer, Extinguished Fire (NSW) Pty Ltd, and the union, CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union.

The legal issues before the Fair Work Commission centered on the compliance of the proposed enterprise agreement with the Fair Work Act 2009. Key aspects included whether the agreement provided for fair and reasonable terms and conditions, and if it met the criteria for being a "low paid" agreement, which would require additional scrutiny. The Commission also had to consider if the agreement facilitated effective workplace relations and provided for the protection of employees’ interests.

In its reasoning, the Commission assessed the terms of the agreement against statutory requirements. It considered the fairness of the proposed terms and conditions, the process by which the agreement was made, and the balance of rights and obligations between the employer and employees. The Commission found that the agreement was fair and reasonable, and it satisfied the necessary criteria for approval. The Commission highlighted the importance of protecting employees' rights while also ensuring that the agreement facilitated effective workplace relations.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions. The decision underscored the importance of balancing the rights of employers and employees and ensuring that any enterprise agreement met the legal standards set out in the Fair Work Act 2009. The approval was conditional upon the agreement being implemented in accordance with the Fair Work Act and the Fair Work Regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established