DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3684)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Tasko Group 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 has made an application for approval of an enterprise agreement known as the Tasko Group 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.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Tasko Group Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The central dispute was the application for approval of the Enterprise Agreement NSW & ACT 2020-2024. This case centred on whether the proposed agreement met the necessary legal standards for approval, specifically in relation to the provisions contained within it.

The court was required to consider whether the agreement complied with the requirements set out in the Fair Work Act 2009. This included determining if the agreement was a ‘registered agreement’ and if it was made in good faith. Additionally, the court needed to assess whether the agreement provided for the proper operation of the enterprise and whether it contained provisions that were reasonably necessary for the protection of employees’ interests. The court also examined whether the agreement was fair and whether it had been appropriately registered.

The court found that the application met the necessary criteria for approval. It determined that the agreement was indeed a registered agreement and had been made in good faith. The court was satisfied that the agreement provided for the proper operation of the enterprise and contained provisions that were reasonably necessary for the protection of employees’ interests. Furthermore, the court concluded that the agreement was fair and met the requirements of the Fair Work Act 2009. Consequently, the court approved the application.

The court issued an order approving the Tasko Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, effective from the date of the decision. This decision ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009.

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