DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6422)

MAC FIRE & SAFETY PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2021

Application for approval of the Mac Fire & Safety Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

[1] 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 Mac Fire & Safety Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, the notice of employee representational rights (NERR) that was given to employees was not in the prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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 and 188 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 6 August 2021 and, in accordance with s 54, will operate from 13 August 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Mac Fire & Safety Pty Ltd, along with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute concerns the application for approval of the aforementioned enterprise agreement, which was brought before the Fair Work Commission. The legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the legislation.

The court examined the enterprise agreement to determine if it adhered to the requirements set forth in the Fair Work Act 2009, specifically focusing on the agreement's coverage, the process through which it was made, and its compliance with the relevant minimum standards. The court also assessed whether the agreement was made in good faith and if it provided for the appropriate dispute resolution mechanisms. The court considered the evidence and submissions provided by both the Union and Mac Fire & Safety Pty Ltd before reaching its decision.

After careful consideration, the court found that the enterprise agreement was in compliance with the Fair Work Act 2009. The court was satisfied that the agreement was made in good faith and that it covered all the necessary aspects as required by the legislation. Additionally, the court determined that the agreement met the minimum standards set out in the Fair Work Act 2009 and provided for the appropriate dispute resolution mechanisms. Consequently, the court approved the enterprise agreement.

The final orders of the court were to approve the Mac Fire & Safety Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, effective from the date of the decision. The court's approval of the enterprise agreement ensures that it will now be legally binding on the parties involved, providing a framework for their employment relationship moving forward.

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