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

[2023] FWCA 1963

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

(AG2023/1981)

RESPONSE FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2023

Application for approval of the Response Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024

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 Response Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and 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, 188 and 190 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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 29 June 2023 and, in accordance with s 54, it will operate from 6 July 2023. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Response Fire Services Pty Ltd. The application also included the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute was heard by the Fair Work Commission, the body responsible for overseeing the approval process of such agreements in Australia.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court needed to consider if the agreement provided for the efficient and effective operation of the workplace, and whether it provided for the fair and reasonable resolution of workplace disputes. Additionally, the court had to ensure that the agreement did not undermine the protection of employees' rights and entitlements.

The court examined the provisions of the agreement to determine if they aligned with the statutory requirements. It assessed the agreement's provisions concerning wages, hours of work, and other conditions of employment. The court also considered the process for the resolution of workplace disputes and the mechanisms for addressing issues that may arise during the life of the agreement. Based on its findings, the court concluded that the proposed agreement satisfied the necessary criteria for approval. It found that the agreement provided for an efficient and effective operation of the workplace and contained appropriate mechanisms for the resolution of workplace disputes.

In light of the court's findings, it approved the application for the enterprise agreement. The decision was made on the basis that the agreement met all the statutory requirements and provided for the fair and reasonable resolution of workplace disputes. The court's approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are protected and that their rights and entitlements are not undermined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established