DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3415)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 NOVEMBER 2020

Application for approval of the Force Fire Services 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 Force Fire Services 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 13 November 2020 and, in accordance with s 54, will operate from 20 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 case before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Force Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The primary dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on the agreement's compliance with procedural fairness and substantive fairness standards. The Fair Work Commission, presided over by Deputy President M R G Foster, was tasked with determining the application.

The legal issues before the Commission included whether the union had correctly followed the necessary procedures in negotiating and finalising the agreement, and if the terms of the agreement were fair and reasonable. The Commission had to consider the bargaining process, the parties' conduct, and the substantive provisions of the agreement, including wages, conditions, and other terms and conditions of employment. The central question was whether the agreement satisfied the 'better off overall test' and whether it was made in good faith.

The Fair Work Commission, after reviewing the evidence and submissions, found that the union had followed proper procedures in negotiating the agreement. The Commission determined that the agreement was made in good faith and met the better off overall test, as it provided for improved wages and conditions for the employees. The substantive terms of the agreement were deemed fair and reasonable, taking into account the needs and interests of the employees and the employer. Consequently, the Commission approved the enterprise agreement, finding it to comply with the requirements of the Fair Work Act.

The final orders of the Commission included the approval of the Force Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, effective from 1st July 2020. The agreement was to be registered and published on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

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