DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3153)

FIRE SPRINKLER INSTALLATIONS (NSW) 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 Fire Sprinkler Installations (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 Fire Sprinkler Installations (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 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 involved an application for the approval of an enterprise agreement under the Fair Work Act 2009. The parties to the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Fire Sprinkler Installations (NSW) Pty Ltd. The union sought approval for the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained the necessary minimum terms, did not adversely affect the operation of any industrial law, and did not contravene any relevant provisions of the Act. Additionally, the court needed to assess whether the agreement had been fairly and properly negotiated and whether it was in the best interests of the employees it covered.

In its decision, the Fair Work Commission found that the agreement satisfied all the legal criteria for approval. The Commission determined that the agreement included the requisite minimum terms and did not negatively impact the operation of any industrial laws. The Commission also concluded that the agreement was the product of proper negotiation and was in the best interests of the employees it covered. Consequently, the court approved the enterprise agreement, finding it to be compliant with the relevant statutory requirements.

The final orders of the Commission were that the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees and employers covered by its terms.

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