DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5224)

SELECT FIRE SYSTEMS (NSW) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION GREENFIELDS ENTERPRISE AGREEMENT NSW & ACT 2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MAY 2021

Application for approval of the Select Fire Systems (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Greenfields Enterprise Agreement NSW & ACT 2021.

[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 Select Fire Systems (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Greenfields Enterprise Agreement NSW & ACT 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU 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, and that it is in the public interest to approve the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[3] The Agreement was approved on 26 May 2021 and, in accordance with s 54, will operate from 2 June 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511614 PR730172

CaseChat Overview and Summary

The proceedings involve an application for approval of an enterprise agreement by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union, against Select Fire Systems (NSW) Pty Ltd and Greenfields Enterprise. The application was heard in the Fair Work Commission, where the central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The enterprise agreement in question, CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Greenfields Enterprise Agreement NSW & ACT 2021, was presented for approval under section 233 of the Act, which mandates that such agreements must not have the purpose, or effect, of discriminating against employees on the basis of sex, marital status, family responsibilities, pregnancy, or potential pregnancy, among other protected attributes.

The court examined whether the agreement adhered to the principles of good faith bargaining and whether it contained all necessary provisions, including minimum wages, leave entitlements, and other essential terms and conditions. It was also crucial to determine if the agreement was made in good faith and whether it was sufficiently detailed to provide a clear and comprehensive framework for the employment relationship between the parties involved. The Commission's analysis focused on the procedural aspects of the agreement, ensuring that all mandatory provisions were included and that the agreement was free from any discriminatory clauses. Additionally, the court considered whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the enterprise agreement was compliant with the statutory requirements and did not contain any discriminatory provisions. The agreement was deemed to have been made in good faith, as evidenced by the thorough and transparent process of negotiation between the union and the employer. The court approved the agreement, highlighting the comprehensive nature of the terms and conditions, which provided a fair and equitable framework for the employees. The decision underscored the importance of adhering to the principles of good faith bargaining and ensuring that all mandatory provisions were included in the agreement.

The final orders of the Commission were that the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Greenfields Enterprise Agreement NSW & ACT 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the agreement will serve as a binding contract between the union and the employer, providing a stable and predictable environment for the employees covered by the agreement.

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

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Legal Principle Established