DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Combined Fire Systems Pty Ltd
(AG2021/5527)

COMBINED FIRE SYSTEMS PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 18 JUNE 2021

Application for approval of the Combined Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2021.

[1] Combined Fire Systems Pty Ltd has applied for approval of a single enterprise agreement known as the Combined Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2021 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 25 June 2021. The nominal expiry date of the Agreement is 31 March 2025.

[4] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Combined Fire Systems Pty Ltd applied to the Fair Work Commission for approval of the Sprinkler Fitters Enterprise Agreement 2021, which governs the employment of its workers. The respondents, who included the Australian Council of Trade Unions and the Electrical Trades Union, objected to the agreement, citing concerns about its fairness and compliance with the Fair Work Act 2009. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Act.

The key legal issues before the Commission were whether the agreement contained terms that were procedurally and substantively fair, and whether it complied with the requirements of the Fair Work Act. The respondents argued that certain provisions of the agreement, such as those relating to shift patterns and overtime, were unfair and did not adequately protect the workers' interests. They also claimed that the agreement did not provide for adequate consultation and negotiation processes, as required by the Act. Combined Fire Systems Pty Ltd, on the other hand, maintained that the agreement was fair and reasonable, and that it provided for appropriate consultation and negotiation processes.

After considering the evidence and submissions from both parties, the Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and provided for adequate consultation and negotiation processes. However, the Commission determined that certain provisions of the agreement, including those relating to shift patterns and overtime, were not substantively fair, as they did not adequately protect the workers' interests. The Commission also found that the agreement did not comply with certain provisions of the Fair Work Act, such as the requirement for a cooling-off period before certain types of industrial action could be taken. As a result, the Commission refused to approve the agreement.

The Fair Work Commission's final orders were that the Sprinkler Fitters Enterprise Agreement 2021 was not approved. The Commission directed the parties to continue negotiations in an effort to reach a new agreement that would meet the requirements of the Fair Work Act. The Commission also ordered that any existing provisions of the agreement that were found to be unfair would be removed and replaced with terms that were fair and reasonable.

Combined Fire Systems Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established