DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4215)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2021

Application for approval of the Fluid Fire Services 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 Fluid Fire Services 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 23 March 2021 and, in accordance with s 54, will operate from 30 March 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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) for approval of the Fluid Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute centred around the adequacy and fairness of the proposed enterprise agreement between the employer, Fluid Fire Services Pty Ltd, and the union. The application was brought before the Fair Work Commission, which has the authority to approve or reject enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval, including whether it provided for a fair and reasonable outcome for employees, and whether it had been negotiated in good faith. The Commission had to consider the balance of rights and obligations between the parties, and whether the agreement provided for a sufficient safety net for employees, including minimum wages and conditions, and adequate dispute resolution mechanisms.

The Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement provided for fair and reasonable outcomes for employees, with appropriate minimum wages and conditions, and a dispute resolution mechanism that was both efficient and accessible. The Commission was satisfied that the agreement had been negotiated in good faith, and that it provided for a sufficient safety net for employees. The Commission noted that the agreement contained provisions for flexible working arrangements, which would be beneficial for employees, and that it provided for adequate protections for employees in the event of redundancy. The Commission was satisfied that the proposed enterprise agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the Fluid Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, effective from 1 July 2020. The Commission found that the agreement met the statutory requirements for approval, and provided for fair and reasonable outcomes for employees. The agreement was approved on the basis that it provided for adequate minimum wages and conditions, and a dispute resolution mechanism that was both efficient and accessible. The approval of the agreement will provide certainty and stability for both employees and employers in the industry.

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