DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3189)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the Alight Fire Protection & 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 Alight Fire Protection & 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 5 November 2020 and, in accordance with s 54, will operate from 12 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 union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for approval of the Alight Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The agreement was to cover employees of Alight Fire Protection who are members of the union. The union argued the agreement provided fair and reasonable terms and conditions for the employees. The dispute was heard in the Fair Work Commission.

The legal issues the court was required to decide included whether the agreement provided fair and reasonable terms and conditions for the employees and whether the agreement was made in good faith. The union argued the agreement provided fair and reasonable terms and conditions for the employees and was made in good faith. The employer argued the agreement did not provide fair and reasonable terms and conditions for the employees.

The Fair Work Commission found the agreement provided fair and reasonable terms and conditions for the employees and was made in good faith. The Commission found the agreement provided for reasonable pay and conditions, including a 4.5% pay increase over four years, and provided for reasonable protections for employees. The Commission also found the agreement was made in good faith, as both parties had negotiated in a cooperative manner.

The Fair Work Commission approved the agreement, subject to minor amendments. The Commission made minor amendments to the agreement to ensure it complied with the Fair Work Act. The employer and union were required to implement the agreement, subject to the minor amendments made by the Commission. The agreement provided for the payment of union fees to the union, which was a requirement of the Fair Work Act.

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