DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3959)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MARCH 2021

Application for approval of the Kim & Woo 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 a single enterprise agreement known as the Kim & Woo 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).

[2] Based on 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.

[3] The CEPU, 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 CEPU.

[4] The Agreement was approved on 4 March 2021 and, in accordance with s 54, will operate from 11 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Kim & Woo Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020 - 2024. The application was brought against Kim & Woo Pty Ltd, which operates a business providing services in the fire protection industry, including the installation and maintenance of fire sprinkler systems. The dispute centred on whether the terms of the proposed enterprise agreement complied with the relevant legislative provisions and whether the agreement should be approved.

The legal issues before the court included whether the agreement had been fairly negotiated, if it contained proper procedural fairness, and if it complied with the requirements of the Fair Work Act 2009. The Commission also considered whether the agreement covered all the necessary aspects as per the Fair Work (Registered Organisations) Act 2009 and if it met the criteria for a modern award. Furthermore, the court examined if the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement had been fairly negotiated and contained proper procedural fairness. It was determined that the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission noted that the agreement addressed all the necessary aspects and met the criteria for a modern award. It was also concluded that the agreement was in the best interests of the employees it covered. Consequently, the application for approval was successful, and the agreement was registered.

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