DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4211)

DIVERSE FIRE SYSTEMS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2021

Application for approval of the Diverse Fire Systems Pty Ltd and ETU Enterprise Agreement 2018-2021.

[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 Diverse Fire Systems Pty Ltd and ETU Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. Subject to these undertakings, and 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, 188 and 190 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. 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 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was made to the Fair Work Commission for approval of the Diverse Fire Systems Pty Ltd and ETU Enterprise Agreement 2018-2021. The union sought to have the agreement, which it had negotiated with the employer, recognised as a lawful and fair workplace agreement. The employer, Diverse Fire Systems Pty Ltd, did not oppose the application, nor did it raise any objections to the agreement. The union argued that the agreement was fair and reasonable, and in line with the provisions of the Fair Work Act.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including being in writing, setting out the terms and conditions of employment, and meeting the ‘better off overall test’. The union also needed to demonstrate that the agreement had been negotiated in good faith and that any bargaining was conducted in a manner that was free of coercion and undue influence. The Commission considered whether the agreement provided for a fair and reasonable outcome for the employees, and whether it met the requirements for approval under the Act.

After considering the evidence presented by the union and the lack of any objections from the employer, the Commission found that the agreement met all the legal requirements for approval. The agreement was in writing and set out the terms and conditions of employment. It also met the better off overall test, as the union had demonstrated that the agreement provided for a fair and reasonable outcome for the employees. The Commission was satisfied that the agreement had been negotiated in good faith and without any coercion or undue influence. The Commission approved the agreement, finding that it was a lawful and fair workplace agreement.

The Fair Work Commission approved the Diverse Fire Systems Pty Ltd and ETU Enterprise Agreement 2018-2021 as a lawful and fair workplace agreement. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, and provides for a fair and reasonable outcome for those employees. The Commission's approval of the agreement ensures that it can be implemented and enforced as a binding workplace agreement between the employer and the employees.

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