DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3360)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the D L K FIRE PROTECTION 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 D L K FIRE PROTECTION 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 20 November 2020 and, in accordance with s 54, will operate from 27 November 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, acting as the bargaining representative for the employees of D L K FIRE PROTECTION PTY LTD, filed an application for the approval of a proposed enterprise agreement. The proposed agreement was between the union and the employer, D L K FIRE PROTECTION PTY LTD, and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union for the period of 2020 to 2024. The union argued that the proposed agreement contained all the necessary terms and conditions of employment, including wages, hours of work, and other matters, and that it met the requirements of the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the Fair Work Act 2009. The court had to consider whether the agreement contained all the required terms and conditions of employment, and whether it met the procedural requirements for registration. The court also had to consider whether the agreement provided for a fair and efficient resolution of any disputes that may arise during the term of the agreement.

The court found that the proposed enterprise agreement met all the necessary requirements of the Fair Work Act 2009. The agreement contained all the required terms and conditions of employment, including wages, hours of work, and other matters. The court also found that the agreement met the procedural requirements for registration, including the requirement for the union to provide a copy of the agreement to the employer and the Fair Work Commission. The court was satisfied that the agreement provided for a fair and efficient resolution of any disputes that may arise during the term of the agreement.

The Fair Work Commission approved the proposed enterprise agreement, which will now be registered and enforceable as a binding agreement between the union, the employer, and the employees. The agreement will remain in force until the end of the specified period, or until it is varied or replaced by a new agreement. The parties are now bound by the terms and conditions set out in the agreement, and any disputes that may arise during the term of the agreement will be resolved in accordance with the dispute resolution procedures contained in the agreement.

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