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

[2022] FWCA 894

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

(AG2022/568)

Smoke Signals Fire Protection Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2022

Application for approval of the Smoke Signals Fire Protection Pty Ltd ETU Enterprise Agreement 2021 – 2025

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 Smoke Signals Fire Protection Pty Ltd ETU Enterprise Agreement 2021 – 2025 (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 a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply.

Subject to the undertaking 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 15 March 2022 and, in accordance with s 54, will operate from 22 March 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Smoke Signals Fire Protection Pty Ltd Enterprise Training Union Agreement 2021-2025. The application was heard in the Fair Work Commission. The union argued that the agreement, which was to cover employees in the fire protection industry, met the necessary criteria for approval under the Fair Work Act 2009. The employer, Smoke Signals Fire Protection Pty Ltd, did not oppose the application, but the Commission needed to be satisfied that the agreement complied with the statutory requirements.

The primary legal issue before the Commission was whether the agreement met all the necessary criteria for approval, including provisions relating to minimum wages, penalty rates, and other conditions of employment. The Commission had to ensure that the agreement did not undermine the protections provided by the National Employment Standards and other relevant awards and agreements. The union argued that the agreement was fair and balanced, taking into account the specific needs and circumstances of the fire protection industry. The Commission examined the agreement in detail, considering the evidence and submissions from both parties.

After careful consideration, the Commission determined that the agreement met all the necessary criteria for approval. The agreement provided for appropriate minimum wages and penalty rates, and included provisions that were fair and reasonable in all other respects. The Commission was satisfied that the agreement would not undermine the protections provided by the National Employment Standards and other relevant awards and agreements. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the law.

The final orders of the Commission were that the Smoke Signals Fire Protection Pty Ltd ETU Enterprise Agreement 2021-2025 be approved, with the modifications noted in the decision. The agreement was to be registered with the Fair Work Commission, and would come into effect on the date of the decision. The parties were directed to take all necessary steps to give effect to the agreement, and to ensure that it was brought to the attention of all relevant employees.

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