DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3123)

EFFICIENT FIRE SOLUTIONS 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 Efficient Fire Solutions 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 Efficient Fire Solutions 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Efficient Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The matter involved a dispute regarding the terms and conditions of employment for workers within the fire protection industry, specifically focusing on the agreement between the union and the employer concerning wages, working conditions, and other employment-related matters.

The central legal issues that the Commission was required to decide centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms, if it had been genuinely negotiated, and if it was free from any illegal or unfair content. The Commission also needed to determine whether the agreement appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission found that the agreement satisfied all statutory requirements. The terms were deemed fair and reasonable, reflecting genuine negotiations and a balance of interests. The Commission took into account the specific industry context, the negotiation process, and the overall fairness of the terms proposed. Based on these findings, the Commission approved the enterprise agreement, confirming its compliance with the relevant legislation and its suitability for implementation.

As a result of the decision, the Fair Work Commission granted approval for the Efficient Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, allowing it to be formally adopted and enforced between the parties.

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