DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4203)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2021

Application for approval of the Hi-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 Hi-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.

[3] The Agreement was approved on 22 March 2021 and, in accordance with s 54, will operate from 29 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 recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Hi-Fire Systems Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute arose under the Fair Work Act 2009, with the Union arguing for the formal recognition and approval of the enterprise agreement by the Fair Work Commission. The application was lodged with the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement within the meaning of the Fair Work Act, whether it had been negotiated in good faith, whether it included the necessary protections for employees, and whether the process of making the agreement was compliant with the statutory requirements. Specifically, the Commission needed to assess if the agreement had been appropriately negotiated, if it contained the necessary minimum terms and conditions, and if it had been appropriately certified by the Australian Bureau of Criminal Intelligence.

The Fair Work Commission examined the evidence and submissions from both the Union and the employer, Hi-Fire Systems Pty Ltd. It found that the agreement was indeed a genuine enterprise agreement, negotiated in good faith and inclusive of the necessary minimum terms. The Commission was satisfied that the process of making the agreement was compliant with the statutory requirements, and that the agreement met all the criteria for approval under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, recognising it as a legally binding document between the parties.

In conclusion, the Fair Work Commission granted the application for approval of the Hi-Fire Systems Pty Ltd and ETU Enterprise Agreement 2018-2021, affirming its validity and compliance with the Fair Work Act. This decision recognises the agreement as a legitimate and enforceable instrument between the Union and the employer, setting out the terms and conditions of employment for the relevant 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