DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3276)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the Coastal Fire Prevention 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 Coastal Fire Prevention 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 November 2020 and, in accordance with s 54, will operate from 18 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 sought approval of the Coastal Fire Prevention Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval, including whether it complied with the Fair Work Act 2009. The central legal issue was whether the agreement provided for a fair and efficient workplace, including whether it appropriately addressed the rights, obligations, and entitlements of the employees.

The Commission examined the agreement to determine if it met the criteria for approval under the Fair Work Act. It considered whether the agreement provided for a fair and efficient workplace, including the rights, obligations, and entitlements of employees, and whether it complied with the "better off overall test." The Commission also evaluated whether the agreement was made in good faith and whether it was free from any illegal content. It was noted that the agreement included provisions for minimum wage rates, penalty rates, leave entitlements, and other employment conditions that were consistent with the legal framework.

Upon review, the Commission determined that the agreement satisfied the necessary criteria for approval. It found that the agreement provided for a fair and efficient workplace and that employees would be better off overall with the proposed terms compared to their previous conditions. The Commission also concluded that the agreement was made in good faith and was free from any illegal content. Consequently, the application for approval was granted, and the Coastal Fire Prevention Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 was approved.

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