DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6638)

FIRE SERVICE SPECIALIST PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2021

Application for approval of the Fire Service Specialist Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval the Fire Service Specialist Pty Ltd and ETU Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings 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.

[4] 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.

[5] The Agreement was approved on 17 August 2021 and, in accordance with s 54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, who are employed by Fire Service Specialist Pty Ltd. The Union sought approval of the Enterprise Agreement 2018-2021, which had been negotiated with the employer. The Fair Work Commission heard the application, as it is the body responsible for assessing and approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved examining the agreement to ensure it did not contain any terms that were against public policy, were contrary to the provisions of the Act, or failed to provide for the proper administration of the workplace. The Commission also needed to consider if the agreement was made in good faith and if the necessary procedural requirements had been met, such as the provision of a copy of the agreement to employees and the opportunity for employees to seek independent advice.

In delivering its decision, the Commission first noted that the agreement contained a range of terms and conditions that were consistent with good faith bargaining and covered various aspects of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The Commission found that the agreement did not contain any terms that were against public policy or contrary to the provisions of the Fair Work Act. Furthermore, the Commission was satisfied that the necessary procedural requirements had been met, including the provision of the agreement to employees and the opportunity for them to seek independent advice. Consequently, the Commission approved the agreement, finding it to be a bona fide enterprise agreement within the meaning of the Fair Work Act.

The Commission's final order was that the Fire Service Specialist Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved as a registered agreement under section 173 of the Fair Work Act, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, and it will remain in force until it is replaced by a new agreement or terminated in accordance with the provisions of the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established