DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3019)

DEFENDER FIRE PROTECTION 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 Defender 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 Defender 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 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who applied for approval of the Defender Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application was heard by the Fair Work Commission. The primary legal issues the court had to address were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for minimum terms and conditions as stipulated by the Fair Work Act.

The court examined the provisions of the agreement to ensure it adhered to the legal standards, including the protection of employees' rights and the provision of fair and reasonable terms and conditions. The court considered the content of the agreement in light of the Fair Work Act's provisions regarding minimum wages and conditions, employee entitlements, and the negotiation process. The court also assessed whether the agreement had been fairly and genuinely negotiated between the employer and the union. After thorough analysis, the court determined that the enterprise agreement complied with all statutory requirements and was therefore approved.

The court's decision was grounded in its findings that the agreement met all legal standards, including providing fair and reasonable terms and conditions for employees, and that it had been negotiated in good faith. The court's approval was based on its satisfaction that the agreement would not lead to any adverse economic, social, or industrial consequences. As a result, the agreement was approved, allowing it to take effect and govern the terms and conditions of employment for the relevant employees.

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