DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3152)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2020

Application for approval of the Ijact 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 Ijact 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 4 November 2020 and, in accordance with s 54, will operate from 11 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 matter before the Fair Work Commission involved an application for the approval of the Ijact Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's endorsement of the agreement which outlined the terms and conditions of employment for workers in the specified industry sectors. The dispute arose from the negotiation process and content of the agreement, necessitating a review to ensure compliance with the relevant industrial legislation.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the bargaining positions of the parties, if it contained mandatory terms that were procedurally fair, and whether it adhered to the statutory requirements for coverage and registration. The Commission also had to consider if the agreement provided for the fair resolution of workplace disputes and if it met the 'better off overall' test.

In its decision, the Fair Work Commission examined the negotiation process and contents of the agreement to ensure they met the statutory requirements. The Commission found that the agreement was the product of genuine and fair bargaining, with both parties demonstrating a commitment to reaching a mutually beneficial outcome. The terms of the agreement were deemed to be procedurally fair, covering essential aspects of employment without unfairly disadvantaging either party. The Commission confirmed that the agreement met the 'better off overall' test, ensuring that employees were not worse off than they would have been under their previous conditions of employment. Consequently, the Commission approved the agreement, recognising its compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Ijact Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved and registered, effective from the date of the decision. This approval ensured that the agreement would legally bind both the employer and the employees, providing a framework for their employment terms and conditions over 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