DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3186)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the Goliath Fire 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 Goliath Fire 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 6 November 2020 and, in accordance with s 54, will operate from 13 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 the approval of the Goliath Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application was made to the Fair Work Commission by the relevant union. The nature of the dispute centred around whether the proposed enterprise agreement met the necessary criteria under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining this matter.

The primary legal issues before the Commission were whether the proposed agreement provided for the proper operation of the enterprise and the fair treatment of employees, in line with the provisions of the Fair Work Act. The Commission had to assess if the agreement was consistent with the Act’s provisions, including the fair work provisions, and whether it complied with the requirements set out in the regulations. Additionally, the Commission needed to consider whether the agreement contained terms that would provide for the proper operation of the enterprise and the fair treatment of employees.

The Fair Work Commission examined the terms of the agreement, taking into account the submissions from both parties and relevant legal principles. The Commission found that the proposed agreement did indeed provide for the proper operation of the enterprise and the fair treatment of employees. The terms were deemed to be consistent with the objectives of the Fair Work Act and met the necessary criteria for approval. Consequently, the Commission approved the Goliath Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

The Fair Work Commission issued an order approving the enterprise agreement. This decision marked the formal acceptance of the agreement, which would now govern the employment terms between the parties for the specified period.

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