DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3445)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the Champion Fire 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 Champion Fire 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 24 November 2020 and, in accordance with s 54, will operate from 1 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement for Champion Fire Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application for approval was contested by Champion Fire Pty Ltd. The primary dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issues involved determining whether the agreement had been made in good faith, whether it had been made without coercion, and whether it provided for the proper operation of a workplace.

The Commission found that the agreement had been made in good faith and without coercion, as evidenced by the negotiations and consultation process. It was determined that the agreement provided for the proper operation of the workplace, with clear terms and conditions of employment that were fair and reasonable. The Commission considered the provisions of the agreement, including those relating to wages, hours of work, and other conditions, and concluded that they were consistent with the objectives of the Act. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009.

The court's decision was based on a thorough analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable, and that it provided for the proper operation of the workplace. The court's decision was in line with the objectives of the Fair Work Act 2009, which is to promote productive and harmonious workplace relations. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable, and that they are protected by the provisions of the Act.

The final orders of the court were that the Champion Fire Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved as a registered agreement under the Fair Work Act 2009. The orders also included provisions for the registration of the agreement with the Fair Work Commission, and for the agreement to be published on the Commission's website. The approval of the agreement ensures that the employees covered by the agreement are protected by its terms and conditions, and that their rights and interests are upheld.

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