DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4503)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2021

Application for variation of the Force Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

[1] An application has been made for approval of a variation to the Force Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application introduces various changes to the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 22 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for a variation of the Force Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute arose due to the union’s contention that certain terms of the enterprise agreement were unfair and required amendment. The case was heard in the Fair Work Commission, which is the relevant tribunal for such employment-related disputes.

The primary legal issues before the Commission were whether specific provisions of the enterprise agreement were unfair and, if so, what variations were necessary to ensure fairness. The union argued that particular clauses related to working hours, overtime, and conditions for part-time and casual employees were unjust and did not appropriately balance the interests of the employees. The Commission had to consider the principles of procedural and substantive fairness, as well as relevant legislative standards, in its decision-making process.

In reaching its decision, the Commission examined the fairness of the disputed provisions in light of the overall context of the enterprise agreement and relevant legislative requirements. The Commission noted that certain clauses indeed appeared to be unjust as they did not provide adequate protections for employees. After considering submissions from both parties and relevant precedents, the Commission concluded that variations were necessary to address the identified issues. Consequently, the Commission ordered specific amendments to the enterprise agreement to ensure that it met the standards of procedural and substantive fairness.

The final orders of the Commission included detailed changes to the clauses concerning working hours, overtime, and conditions for part-time and casual employees. These amendments were designed to provide fairer terms for employees while maintaining a reasonable balance with the employer's interests. The Commission's decision was intended to rectify the unfairness identified in the original agreement, thereby promoting better industrial relations practices.

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