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

[2023] FWCA 626

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

(AG2023/357)

Bradney Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Bradney Fire 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 Bradney Fire 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.

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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 24 February 2023 and, in accordance with s 54, it will operate from 3 March 2023. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Bradney Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application was heard by the Fair Work Commission, presided over by Commissioner J. A. R. A. O'Sullivan. The primary focus of the dispute was to ascertain whether the proposed enterprise agreement complied with the necessary legal standards and whether it was in the best interest of the employees covered by the agreement.

The legal issues at hand were whether the agreement met the procedural and substantive fairness criteria required under the Fair Work Act 2009. Procedural fairness required that the agreement had been negotiated in good faith, with adequate consultation and information provided to the employees. Substantive fairness required that the terms of the agreement were equitable and not detrimental to the employees. Additionally, the court had to determine if the agreement contained all the mandated minimum terms as stipulated by the Act.

Commissioner O'Sullivan evaluated the evidence presented regarding the negotiation process and found that the union had acted in good faith and provided sufficient information to the employees. The Commissioner also assessed the substantive terms of the agreement, considering factors such as wages, working conditions, and other employment benefits. After thorough examination, the Commissioner determined that the agreement was fair and equitable and contained all the required minimum terms. Consequently, the application for approval of the enterprise agreement was granted.

The final orders of the Commission were that the Bradney Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established