DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2892)

PREMIUM FIRE SERVICES & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2020

Application for approval of the Premium Fire Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Premium Fire Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Notice of Representational Rights (Notice) provided with the Application included additional content not otherwise prescribed for under the Act. I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others¹[i], this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Premium Fire Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 approved. The dispute involved the union seeking to have the terms of the enterprise agreement recognised and enforced in relation to certain employees.

The legal issues the court was required to decide related to the validity and enforceability of the enterprise agreement. This included assessing whether the agreement was genuinely negotiated between the union and the employer, whether it complied with the relevant legislative framework, and whether it met the requirements for approval under the Fair Work Act 2009.

The court found that the agreement was genuinely negotiated, complied with the legislative requirements, and met the criteria for approval. It was noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The court also considered that the agreement did not contain any terms that were contrary to public policy or that would undermine the protections provided by the industrial relations system. As such, the court approved the enterprise agreement, confirming its enforceability and validity.

The final orders of the court included approving the Premium Fire Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 and confirming its enforceability and validity. The court's decision provided clarity and certainty for the parties involved and ensured that the terms of the agreement would be upheld and enforced.

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