DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3346)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the Base 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 Base 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 19 November 2020 and, in accordance with s 54, will operate from 26 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

The applicant union submitted an enterprise agreement to the Fair Work Commission for approval. The agreement was between the union and the employer, Base Fire Protection Pty Ltd. The union sought approval for the agreement to apply to its members who were employed by the employer. The matter was heard by the Fair Work Commission, presided over by Commissioner Rimmer.

The legal issue before the Commission was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and reasonable system of classification and remuneration, and if it included appropriate dispute resolution mechanisms. The Commission also had to consider if the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act.

The Fair Work Commission found that the proposed agreement met the requirements of section 232 of the Fair Work Act. The agreement provided for a fair and reasonable system of classification and remuneration, and included appropriate dispute resolution mechanisms. The Commission also found that the agreement was in the best interests of the employees and complied with the provisions of the Fair Work Act. The Commission approved the agreement and it became a registered agreement on 17 August 2020.

The Fair Work Commission approved the proposed enterprise agreement between the union and the employer, Base Fire Protection Pty Ltd. The agreement was registered on 17 August 2020 and will apply to the union's members who are employed by the employer. The Commission found that the agreement met the requirements of section 232 of the Fair Work Act and was in the best interests of the 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