DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3154)

GUARDIAN SERVICE & MAINTENANCE 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 Guardian Service & Maintenance 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 Guardian Service & Maintenance 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

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Guardian Service & Maintenance Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. This application was brought to ensure the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The parties involved in this case were the union representing the workers and the employer, Guardian Service & Maintenance Pty Ltd, with the aim of setting out the terms and conditions of employment for the specified period.

The legal issues that the court had to address were primarily centred around whether the enterprise agreement complied with the procedural requirements set out in the Fair Work Act and if it adhered to the ‘better off overall test’. This test ensures that the agreement provides employees with a minimum of the national minimum wage and awards entitlements, and is no less favourable than their previous arrangements or applicable awards. The court also examined whether the agreement had been made in good faith and if the necessary consultation processes were followed.

In delivering its decision, the Fair Work Commission thoroughly reviewed the agreement, taking into account the submissions from both parties. The Commission found that the agreement complied with all procedural requirements and met the better off overall test. It was also satisfied that the agreement was made in good faith, and that the consultation processes were adequate. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the relevant statutory requirements and its potential to benefit the employees.

The final orders of the court were that the Guardian Service & Maintenance Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved, and that it come into effect on the date of the decision. This outcome ensures that the employees of Guardian Service & Maintenance Pty Ltd will be governed by the terms of the newly approved enterprise agreement, which provides a framework for their employment 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