Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Combined Fire Systems Pty Ltd, Diverse Fire Group Pty Ltd, Proficient Fire Protection Pty Ltd,
[2025] FWC 1629
•23 JUNE 2025
| [2025] FWC 1629 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.248 - Application for a single interest employer authorisation
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Combined Fire Systems Pty Ltd, Diverse Fire Group Pty Ltd, Proficient Fire Protection Pty Ltd, RNW Fire Services Pty Ltd, The Trustee for the Cavmar Unit Trust T/A Shield Fire Systems, and Trojan Fire Protection Pty Ltd
(B2025/736)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 23 JUNE 2025 |
s.248 - Application for a single interest employer authorisation – fire protection employers in South Australia – all employers consenting – application satisfies all relevant requirements – authorisation made.
This matter concerns an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) under s.248 of the Fair Work Act 2009 (Cth) (FW Act) for a single interest employer authorisation (authorisation). The authorisation is sought in respect of bargaining for a proposed multi-enterprise agreement to cover a defined group of employees employed by 6 named employers. In particular, the application as amended seeks authorisation for the commencement of bargaining with the following employers (respondent employers) who each carry on an enterprise for the installation, fitting, maintenance and testing of fire alarm systems and sprinkler systems in the State of South Australia:
Combined Fire Systems Pty Ltd (ABN 39 090 897 859);
Diverse Fire Group Pty Ltd (ABN 87 120 451 541);
Proficient Fire Protection Pty Ltd (ABN 97 135 332 544);
RNW Fire Services Pty Ltd (ABN 82 145 341 215);
The Trustee for the Cavmar Unit Trust T/A Shield Fire Systems (ABN 84 183 080 350); and
Trojan Fire Protection Pty Ltd (ABN 33 100 111 313).
Each of the respondent employers is represented by the National Fire Industry Association. I observe that another employer[1] in the industry was named in the original application, however it was removed in light of an objection and certain statutory requirements that could not be met given that position.
The class of employees to be covered by the authorisation, and who are intended to be covered by the proposed enterprise agreement (defined group of employees), are all employees engaged by the respondent employers who:
•perform “fire sprinkler fitting” as defined in the Plumbing and Fire Sprinklers Award 2020, meaning the erection, fitting, fixing, altering, inspecting, testing, maintaining, retrofitting, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems;
•are not employed predominately as a “fire technician” as defined in the Plumbing and Fire Sprinklers Award 2020, meaning an employee who undertakes the inspection and testing functions on fire protection systems as detailed in the Australian Standard (AS 1851) following commissioning of the fire protection system after construction; and
•are not employed predominately in a supervisory or administrative role.
Each of the respondent employers have agreed to bargain together for an enterprise agreement and support the making of the authorisation in the terms sought.
I observe that the respondent employers are presently subject to the following enterprise agreements (current agreements), the last of which expired on 1 April 2025:
•Combined Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2021;
•Diverse Fire Group Pty Ltd Sprinkler Fitters Enterprise Agreement 2021;
•Proficient Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021;
•RNW Fire Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2021;
•Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2021; and
•Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2024.
Given the absence of any factual disputes and any request for a hearing to be conducted, the Commission has determined this matter based upon the application, the statement of facts, and the comprehensive written submissions and other materials provided by the parties.
For the reasons set out below, I have decided to grant the application as amended and make the authorisation in the terms sought.
The statutory framework
The objects of Part 2-4 — Enterprise agreements of the FW Act are set out in s.171 as follows:
171Objects of this Part
The objects of this Part are:
(a) to provide a simple, flexible and fair framework that enables collective bargaining in good faith, particularly at the enterprise level, for enterprise agreements that deliver productivity benefits; and
(b) to enable the FWC to facilitate good faith bargaining and the making of enterprise agreements, including through:
(i) makingbargaining orders; and
(ii) dealing with disputes where the bargaining representatives request assistance; and
(iii) ensuring that applications to the FWC for approval of enterprise agreements are dealt with without delay.
Sections 248 to 250 of the FW Act relevantly provide:
“248 Single interest employer authorisations
(1) The following may apply to the FWC for an authorisation (a single interest employer authorisation) under section 249 in relation to a proposed enterprise agreement that will cover two or more employers:
(a) those employers;
(b) a bargaining representative of an employee who will be covered by the agreement.
(2) The application must specify the following:
(a) the employers that will be covered by the agreement;
(b) the employees who will be covered by the agreement;
(c) the person (if any) nominated by the employers to make applications under this Act if the authorisation is made.
249 When the FWC must make a single interest employer authorisation
Single interest employer authorisation
(1) The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if:
(a) an application for the authorisation has been made; and
(b) the FWC is satisfied that:
(i) at least some of the employees that will be covered by the agreement are represented by an employee organisation; and
(ii) the employers and the bargaining representatives of the employees of those employers have had the opportunity to express to the FWC their views (if any) on the authorisation; and
(iii) if the application was made by 2 or more employers under paragraph 248(1)(a)—the requirements of subsection (1A) are met; and
(iv) if the application was made by a bargaining representative under paragraph 248(1)(b)—each employer either has consented to the application or is covered by subsection (1B); and
(v) the requirements of either subsection (2) or (3) (which deal with franchisees and common interest employers) are met; and
(vi) if the requirements of subsection (3) are met—the operations and business activities of each of those employers are reasonably comparable with those of the other employers that will be covered by the agreement.
(1AA) If:
(a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and
(b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the operations and business activities of the employer are reasonably comparable with those of the other employers that will be covered by the agreement, unless the contrary is proved.
Additional requirements for application by employers
(1A) The requirements of this subsection are met if:
(a) the employers that will be covered by the agreement have agreed to bargain together; and
(b) no person coerced, or threatened to coerce, any of the employers to agree to bargain together.
Additional requirements for application by bargaining representative
(1B) An employer is covered by this subsection if:
(a) the employer employed at least 20 employees at the time that the application for the authorisation was made; and
(b) the employer has not made an application for a single interest employer authorisation that has not yet been decided in relation to the employees that will be covered by the agreement; and
(c) the employer is not named in a single interest employer authorisation or supported bargaining authorisation in relation to the employees that will be covered by the agreement; and
(d) a majority of the employees who are employed by the employer at a time determined by the FWC and who will be covered by the agreement want to bargain for the agreement; and
(e) subsection (1D) does not apply to the employer.
(1C) For the purposes of paragraph (1B)(d), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.
(1D) This subsection applies to an employer if:
(a) the employer and the employees of the employer that will be covered by the agreement are covered by an enterprise agreement that has not passed its nominal expiry date at the time that the FWC will make the authorisation; or
(b) the employer and an employee organisation that is entitled to represent the industrial interests of one or more of the employees of the employer that will be covered by the agreement have agreed in writing to bargain for a proposed single‑enterprise agreement that would cover the employer and those employees or substantially the same group of those employees.
Franchisees
(2) The requirements of this subsection are met if the employers carry on similar business activities under the same franchise and are:
(a) franchisees of the same franchisor; or
(b) related bodies corporate of the same franchisor; or
(c) any combination of the above.
Common interest employers
(3) The requirements of this subsection are met if:
(a) the employers have clearly identifiable common interests; and
(b) it is not contrary to the public interest to make the authorisation.
(3A) For the purposes of paragraph (3)(a), matters that may be relevant to determining whether the employers have a common interest include the following:
(a) geographical location;
(b) regulatory regime;
(c) the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises.
(3AB) If:
(a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and
(b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the requirements of subsection (3) are met in relation to that employer, unless the contrary is proved.
Calculating number of employees
(3AC) For the purposes of calculating the number of employees referred to in paragraph (1AA)(b), (1B)(a) or (3AB)(b):
(a) employee has its ordinary meaning; and
(b) subject to paragraph (c), all employees employed by the employer at the time that the application for the authorisation was made are to be counted; and
(c) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and
(d) associated entities of the employer are taken to be one entity.
Operation of authorisation
(4) The authorisation:
(a) comes into operation on the day on which it is made; and
(b) ceases to be in operation at the earlier of the following:
(i) at the same time as the enterprise agreement to which the authorisation relates is made;
(ii) 12 months after the day on which the authorisation is made or, if the period is extended under section 252, at the end of that period.
249A Restriction on making single interest employer authorisations
The FWC must not make a single interest employer authorisation in relation to a proposed enterprise agreement if the agreement would cover employees in relation to general building and construction work.
250 What a single interest employer authorisation must specify
What authorisation must specify
(1) A single interest employer authorisation in relation to a proposed enterprise agreement must specify the following:
(a) the employers that will be covered by the agreement;
(b) the employees who will be covered by the agreement;
(c) the person (if any) nominated by the employers to make applications under this Act if the authorisation is made;
(d) any other matter prescribed by the procedural rules.
Authorisation may relate to only some of employers or employees
(2) If the FWC is satisfied of the matters specified in subsection 249(2) or (3) (which deal with franchisees and common interest employers) in relation to only some of the employers that will be covered by the agreement, the FWC may make a single interest employer authorisation specifying those employers and their employees only.
(3) The FWC may make a single interest employer authorisation that does not specify one or more employers specified in an application for the authorisation, and the employees (the relevant employees) of those employers specified in that application, if the FWC is satisfied that:
(a) the employers are bargaining in good faith for a proposed enterprise agreement that will cover the employers and the relevant employees, or substantially the same group of the relevant employees; and
(b) the employers and the relevant employees have a history of effectively bargaining in relation to one or more enterprise agreements that have covered the employers and the relevant employees, or substantially the same group of the relevant employees; and
(c) on the day that the FWC will make the authorisation, less than 9 months have passed since the most recent nominal expiry date of an agreement referred to in paragraph (b).
(4) If the effect of subsection (3) is that no employers would be specified in the authorisation, the FWC may refuse the application for the authorisation.”
The requirements for making an authorisation under s.249 of the FW Act vary, depending upon the nature of the applicant and the circumstances of the employers involved. In this case, the applicant is an employee bargaining representative. This means that the “additional” requirements of s.249(1B) apply and the terms of s.249(1A) and consequential provisions do not.
Three of the respondent employers[2] employed more than 50 employees at the time that the application was made. This means that the ‘rebuttable presumptions’ concerning the common interest and public interest requirements of s.249(3), and the reasonable comparability of operations and business activities of the employers under s.249(1)(b)(vi), apply to them. I observe that I would in any event be satisfied about those matters based upon the common materials before the Commission. I also observe for completeness that three[3] of the respondent employers have more than 20, but fewer than 50, employees.
In deciding to make the authorisation, I am satisfied that all the relevant requirements under ss.249 and 249A of the FW Act have been met. I briefly deal with each in turn.
Consideration
Was a valid application made?
The application was made by the CEPU and it is a bargaining representative for employees who will be covered by the proposed agreement. The application specifies the required matters; observing that there is no requirement to include the person nominated by the employers to make applications where there is no such nomination.[4] The Commission is not aware that any such nomination has been made. I am satisfied that the requirements under s.248 of the FW Act and related criteria have been met.
Are at least some of the employees who will be covered by the Agreement represented by an employee organisation?
I am satisfied that at least some of the employees that will be covered by the agreement are represented by an employee organisation.[5] Each of the respondent employers employ one or more persons who are a member of, and are represented by, the CEPU.
Have the Parties had the opportunity to express their views?
I am satisfied that the CEPU and the respondent employers have had the opportunity to express their views on the proposed authorisation.[6] This included allowing for a supplementary opportunity for each of the respondent employers to formally indicate their position on the application following an earlier directions conference convened by the Commission. Their position of consent was subsequently confirmed to the Commission on their behalf by materials provided to the Commission. There are no other bargaining representatives in this matter.
The relevant parties have now also provided submissions confirming their views, and all have supported the authorisation being made.
Have the respondent employers consented to the application or is s.249(1B) met?
I am satisfied that the employers that will be covered by the agreement have consented to the application.[7] As a result, ss.249(1B) does not apply.
Have the requirements of either ss.249(2) or 249(3) been met?
It is s.249(3) of the FW Act that applies here. That is, the respondent employers must meet the common interest and the ‘not contrary to the public interest’ requirements.
I am satisfied that the respondent employers have clearly identifiable common interests.[8] Amongst other matters, the following factors that apply to each employer confirm that finding:
The employers are all primarily engaged in contracting for the installation, testing, repair and maintenance of sprinklers and fire systems and operate in South Australia.
The employers are all subject to the same systems of regulation applicable to the installation, testing and maintenance of sprinklers and fire systems in South Australia, including:
·The Plumbers, Gas Fitters and Electricians Act 1995 (SA);
·Plumbers, Gas Fitters and Electricians Regulations 2010 (SA);
·the National Construction Code 2019 (NCC), including Specification E1.5 Fire Sprinkler Systems;
·the Planning, Development and Infrastructure (General) Regulations 2017 (PDI);
·relevant Australian Standards (AS) including series AS2118 and AS1851; and
·the South Australian Department of Planning, Transport and Infrastructure, Minister’s Specification SA 76, “Maintenance and testing of essential safety provisions”.
· The employers are covered by the Plumbing and Fire Sprinklers Award 2020 in respect of the defined group of employees and apply consistent classifications and skills matrices.
· The terms and conditions of employment in each enterprise are substantively identical as each of the current agreements provide for substantively identical conditions, consistent with the provisions of the Award and with substantially identical conditions in excess of the award, and employment contracts that are also consistent with the above.
These circumstances provide the basis for the common interests that satisfy the immediate test.
I am also satisfied that it is not contrary to the public interest to make the authorisation.[9] Bargaining between the multiple respondent employers and their respective employees for a multi-enterprise agreement is collective bargaining of the kind promoted by the objects in s.3(f) and s.171(a) of the FW Act.
Accordingly, I am satisfied that the requirements under s.249(3) of the FW Act have also been met.
Do the Respondent Employers have reasonably comparable operations and business activities?
As the requirements of s.249(3) have been met, s.249(1)(b)(vi) of the FW Act requires that the operations and business activities of each of the respondent employers are reasonably comparable with those of the other employers that will be covered by the Agreement. The material canvassed earlier in this decision and the other material before the Commission strongly supports the proposition that this is so.
General building and construction work
Section 251A of the FW Act prevents an authorisation of this kind being made if it were to cover employees in the general building and construction industry. That term is relevantly defined in s.23B to mean:
“23B Meaning of general building and construction work
(1) Work is general building and construction work if:
(a) the work is done, onsite, by an employee in the industry of:
(i) general building and construction within the meaning of paragraph 4.3(a) of the Building and Construction General On‑site Award 2020 as in force at the applicable time; or
(ii) civil construction within the meaning of paragraph 4.3(b) of the Building and Construction General On‑site Award 2020 as in force at the applicable time; and
(b) the work is not any of the following:
… …
(vi) work that is plumbing, or fire sprinkler fitting, within the meaning of clause 4.2 of the Plumbing and Fire Sprinklers Award 2020 as in force at the applicable time;
… …
(2) The applicable time is the start of the day before this section commences.”
It is evident that at least some, and potentially most, of the defined group of employees may work in the construction industry as broadly understood. However, the particular statutory definition that is to be applied for present purposes expressly excludes those covered by the Plumbing and Fire Sprinklers Award 2020. This then excludes all of the defined group of employees.
Accordingly, I am satisfied that the Agreement will not cover employees in relation to general building and construction work. This meets the requirements of s.251A of the FW Act.
Other matters
The proposed authorisation specifies each of the matters required by s.250(1) of the FW Act.
The findings made apply to all of the respondent employers and for the purposes of s.250(2) of the FW Act, I am satisfied that each should be specified in the authorisation.
The circumstances contemplated in s.249(1D) and ss.250 (2), (3) and (4) of the FW Act do not apply in this matter.
Conclusions
Given my satisfaction with all of the relevant requirements, I am obliged to issue the authorisation under s.249(1) of the FW Act.
Consistent with s.249(4), the authorisation comes into operation on the day it is made and will cease to have effect on the earlier of the day on which the proposed enterprise agreement is made, or 12 months after the date of this authorisation being made. An extension may be sought pursuant to s.252 of the FW Act.
The authorisation has been issued separately in PR788154.
The Commission stands ready to assist the parties with the bargaining for the proposed multi-employer agreement should that be sought, such as under a s.240 application or a joint request to conduct a collaborative approaches process to utilise interest-based bargaining.
DEPUTY PRESIDENT
D Austin, National Industrial Officer for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
R Carnulutti, Industrial Relations Manager for the National Fire Industry Association on behalf of the respondent employers with G Denton of Trojan Fire Protection Pty Ltd, T Knappstein of RNW Fire Services Pty Ltd, L Henderson of Combined Fire Systems Pty Ltd, M Martini and P Ceravolo of the Trustee for the Cavmar Unit Trust T/A Shield Fire Systems, S Bennett of Australian Fire Services Pty Ltd, A D’Alfonso of Diverse Fire Group Pty Ltd, M Lenartowicz and W Drewery of Proficient Fire Protection Pty Ltd.
Hearing details:
Microsoft Teams
2025
May 15.
Final written submissions:
CEPU: 18 and 20 June 2025.
Respondent employers: 20 and 23 June 2025.
[1] Australian Fire Services Pty Ltd.
[2] Combined Fire Systems Pty Ltd, RNW Fire Services Pty Ltd, and Trojan Fire Protection Pty Ltd.
[3] Diverse Fire Group Pty Ltd, Proficient Fire Protection Pty Ltd, and the Trustee for the Cavmar Unit Trust T/A Shield Fire Systems.
[4] Section 248(2)(c) of the FW Act – is expressed to apply “if any”.
[5] Section 249(1)(b)(i) of the FW Act.
[6] Section 249(1)(b)(ii) of the FW Act.
[7] Section 249(1)(b)(iv) of the FW Act.
[8] Section 249(3)(a) of the FW Act.
[9] Section 249(3)(b).
Printed by authority of the Commonwealth Government Printer
<PR788153>
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