DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3275)

UNITED FIRE SERVICES (NSW) 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 United Fire Services (NSW) 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 United Fire Services (NSW) 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

The case involved an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Fire Services (NSW) Pty Ltd. The application was filed before the Fair Work Commission, seeking approval of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for the appropriate process for resolving workplace disputes.

The Commission found that the agreement satisfied the statutory requirements for approval. The agreement included provisions for the resolution of workplace disputes through a process that was fair and efficient. The Commission noted that the agreement provided for the establishment of a dispute resolution committee, which was to be composed of an equal number of union and employer representatives. This committee was to be responsible for resolving disputes between the parties. The Commission was satisfied that the process outlined in the agreement was appropriate and would facilitate the resolution of disputes in a timely and effective manner.

Based on its findings, the Commission approved the enterprise agreement. It found that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for a fair and efficient process for resolving workplace disputes, and that it contained provisions that were consistent with the objects of the Act. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are protected and that any disputes that arise can be resolved in a fair and efficient manner.

The Commission's decision to approve the enterprise agreement provides certainty for both the employees and employers covered by the agreement. It ensures that the agreement is legally binding and that any disputes that arise can be resolved through the agreed-upon process. This decision provides a framework for the parties to work together to resolve any issues that may arise during the life of 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