DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3126)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Pulse Fire Protection 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 Pulse Fire Protection 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 28 October 2020 and, in accordance with s 54, will operate from 4 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 was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a proposed enterprise agreement between Pulse Fire Protection Pty Ltd and two unions, the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The applicant union sought to have the agreement registered as a single, protected action, single employer agreement. The nature of the dispute was whether the proposed agreement met the legal criteria for registration and approval under the Fair Work Act 2009. The court in this instance was the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements and employment disputes in Australia.

The legal issues that the court was required to decide included whether the proposed agreement was a genuine enterprise agreement, whether it met the "better off overall test" and "no disadvantage test", and whether it contained provisions that were contrary to public policy. The court had to examine the proposed agreement's provisions to ensure that it was consistent with the Fair Work Act 2009 and did not contain any illegal or unenforceable terms. The court also needed to consider whether the agreement provided for the fair and equitable treatment of employees and whether it complied with the requirements of the Fair Work Regulations 2009.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement that met the legal criteria for registration and approval. The court held that the agreement provided for the fair and equitable treatment of employees and met the "better off overall test" and "no disadvantage test". The court found that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. The court also noted that the agreement provided for the protection of employees' rights and interests and complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission approved the proposed enterprise agreement and registered it as a single, protected action, single employer agreement. The court found that the agreement was consistent with the principles of the Fair Work Act 2009 and provided for the fair and equitable treatment of employees. The court also noted that the agreement provided for the protection of employees' rights and interests and complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The registration of the agreement meant that it would be protected from challenges and that the terms and conditions of employment set out in the agreement would apply to the employees covered by the agreement.

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