DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4389)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 APRIL 2021

Application for approval of the Ourimbah Creek Fire 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 Ourimbah Creek Fire 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. 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.

[2] 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 13 April 2021 and, in accordance with s 54, will operate from 20 April 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 matter before the Fair Work Commission involved an application for the approval of a specific enterprise agreement. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees, and Ourimbah Creek Fire Pty Ltd, acting on behalf of the employer. The dispute centred on the terms and conditions of the proposed enterprise agreement for the period 2020-2024, specifically concerning the enterprise agreement between CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union and Ourimbah Creek Fire Pty Ltd. The Commission was required to assess whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included determining if the agreement was in the best interests of the employees, if it contained appropriate protections for employees, and if it adhered to the process requirements for the approval of enterprise agreements. The Commission also needed to consider if the agreement was made in good faith and without coercion.

The Commission carefully examined the proposed enterprise agreement, assessing it against the statutory criteria set out in the Fair Work Act 2009. The Commission considered the evidence provided by both parties, including the terms of the agreement and the process by which it was negotiated. The Commission concluded that the agreement met the necessary criteria for approval, as it contained appropriate protections for employees, was made in good faith, and adhered to the legal requirements for enterprise agreements. The Commission found that the agreement was in the best interests of the employees and approved the enterprise agreement for the period 2020-2024.

The Fair Work Commission approved the Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, finding that it met all the necessary legal criteria for approval. The agreement was approved for a period of four years, from 1 July 2020 to 30 June 2024. The decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that the agreement was fair and appropriate for the employees 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