DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3109)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Ausguard 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 Ausguard 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 27 October 2020 and, in accordance with s 54, will operate from 3 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 applicant union sought approval of an enterprise agreement, which was the subject of an application to the Fair Work Commission. The respondent, Ausguard Fire Protection Pty Ltd, contested the application, raising concerns regarding the potential impact of the agreement on its business operations. The case was heard by the Fair Work Commission, a specialist tribunal established under the Fair Work Act 2009 to resolve workplace disputes. The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act and the Fair Work Regulations 2009, specifically whether the agreement was fairly and properly negotiated and included certain mandatory terms.

The Commission carefully examined the negotiation process and the content of the agreement, ensuring that it adhered to the statutory requirements. The Commission considered the evidence presented by both parties and assessed whether the agreement was genuinely negotiated and included the mandatory terms such as minimum wages, penalties, and other employment conditions. After thorough deliberation, the Commission determined that the agreement had been fairly and properly negotiated, and that it complied with all mandatory terms prescribed by the legislation. Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to take effect as intended.

In approving the enterprise agreement, the Commission emphasised the importance of ensuring that the rights and obligations of both employers and employees are appropriately balanced. The Commission found that the agreement met these criteria, providing a fair and reasonable outcome for all parties involved. The final orders of the Commission confirmed the approval of the enterprise agreement and directed that it be registered with the Fair Work Ombudsman. This decision ensures that the terms of the agreement will govern the employment conditions of the relevant workers at Ausguard Fire Protection Pty Ltd, subject to the oversight and enforcement mechanisms provided by the Fair Work Act.

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