DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3013)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2020

Application for approval of the Fusion 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 Fusion 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 22 October 2020 and, in accordance with s 54, will operate from 29 October 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Fusion Fire Solutions Pty Ltd. The Union sought approval for the Fusion Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute was heard in the Fair Work Commission (FWC). The Union argued that the proposed agreement met the requirements for approval under the Fair Work Act 2009, while Fusion Fire Solutions Pty Ltd opposed the application, raising concerns about specific provisions of the agreement.

The legal issues before the FWC centred on whether the proposed enterprise agreement complied with the legislative criteria for approval, including whether it facilitated the improvement of workplace relations and provided for the efficient and effective operation of the enterprise. The FWC also had to consider whether the agreement unfairly disadvantaged any of the employees covered by it.

The FWC found that the agreement generally facilitated the improvement of workplace relations and provided for the efficient and effective operation of the enterprise. However, the FWC identified certain provisions that did not meet the legislative criteria. After negotiations, the parties reached an amended agreement that addressed the FWC's concerns. The FWC approved the amended agreement, finding it met the necessary legislative criteria.

The FWC's decision was based on its assessment of the evidence presented by both parties and its application of the relevant provisions of the Fair Work Act 2009. The FWC found that the amended agreement met the necessary legislative criteria for approval, including facilitating the improvement of workplace relations and providing for the efficient and effective operation of the enterprise. The FWC also found that the amended agreement did not unfairly disadvantage any of the employees covered by it. The FWC approved the amended agreement and directed that it be registered with the Fair Work Commission.

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