DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5005)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2021

Application for approval of the Velocity Fire Protection 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 Velocity Fire Protection 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] 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. 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 12 May 2021 and, in accordance with s 54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Velocity Fire Protection Pty Ltd (the Employer), along with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement). The Applicant sought approval of the Agreement under section 236 of the Fair Work Act 2009, which mandates that the Commission must approve an enterprise agreement if it meets specific criteria, including that it is free from prohibited content, provides for a good faith bargaining process, and ensures that the agreement's terms and conditions are fair.

The primary legal issue the Court had to address was whether the Agreement met the statutory requirements for approval under the Fair Work Act. This involved scrutinising the Agreement to ensure it did not contain any prohibited content, such as terms that undermine the right to freedom of association or allow for forced labour. The Court also needed to confirm that the Agreement was the product of good faith bargaining and that its terms and conditions were fair and reasonable. The fairness test considered various factors, including the agreement's impact on employees' wages, conditions, and overall welfare.

The Fair Work Commission examined the Agreement in detail, confirming that it was free from prohibited content and the result of good faith bargaining. The Commission found that the Agreement met the criteria for approval under the Fair Work Act. The Commission's decision highlighted that the Agreement provided for a balanced approach to the parties' interests, ensuring fair and reasonable terms and conditions for employees. The Commission approved the Agreement, emphasising the importance of maintaining a constructive relationship between employers and employees.

The final orders of the Fair Work Commission included the approval of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, effective from 1 July 2020. The Court's decision affirmed the importance of adhering to the statutory requirements for enterprise agreements and underscored the role of good faith bargaining in achieving fair outcomes for all parties involved.

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