Saphfire Fire & Electrical Services Pty Ltd

[2024] FWCA 3901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saphfire Fire & Electrical Services Pty Ltd

(AG2024/3933)

SAPHFIRE FIRE & ELECTRICAL SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 8 NOVEMBER 2024

Application for approval of the Saphfire Fire & Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the Saphfire Fire & Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Saphfire Fire & Electrical Services Pty Ltd.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 15 November 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Commissioner D. Ward, presided over an application to approve the Saphfire Fire & Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. This application was lodged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Electrical Trades Union (ETU) on behalf of their members who are employees of Saphfire Fire & Electrical Services Pty Ltd. The primary focus of the dispute was whether the proposed enterprise agreement adequately met the requirements set out in the Fair Work Act 2009, specifically concerning provisions related to employee entitlements, wages, and other conditions of employment.

The court needed to determine if the agreement contained all the mandatory terms as required by section 235 of the Fair Work Act, whether it ensured minimum safety standards, and if it complied with the "better-off-overall test" under section 238 of the Act. This test ensures that the employees would be no worse off financially and would benefit in some way from the terms of the agreement compared to their existing conditions. Additionally, the court examined whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Commission found that the proposed agreement met all the statutory requirements. It ensured that employees would not be disadvantaged financially and provided them with improved conditions and benefits. The agreement included provisions for wages, leave entitlements, and various other employment conditions that were fair and reasonable. Commissioner Ward emphasised that the agreement was negotiated in good faith and was consistent with the legislative framework. Consequently, the Commission approved the Saphfire Fire & Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026, finding that it met all necessary legal standards and would benefit the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established