DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3020)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2020

Application for approval of the ARA Fire Protection Services 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 ARA Fire Protection Services 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 21 October 2020 and, in accordance with s 54, will operate from 28 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application seeking approval of the ARA Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute centred on the procedural fairness of the agreement, with the union arguing that the agreement was negotiated in good faith and that the process adhered to the necessary legal standards.

The primary legal issue before the Commission was whether the agreement had been negotiated in good faith and whether the process complied with the Fair Work Act. The union contended that the negotiation process was transparent and that the agreement was made without any coercion or undue influence. The Commission had to determine whether the union had acted appropriately in its dealings with the employer and whether the agreement reflected a fair and reasonable outcome for both parties.

The Fair Work Commission found that the union had conducted the negotiation process in good faith and that the agreement was made without any procedural flaws. The Commission was satisfied that the union had acted appropriately and that the agreement was fair and reasonable. The application for approval was subsequently granted. The Commission's decision affirmed the validity of the agreement and its terms, ensuring that the rights and obligations of both the union and the employer were recognised and upheld.

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