DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2959)

CACHIA BROTHERS 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, 14 OCTOBER 2020

Application for approval of the Cachia Brothers 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 Cachia Brothers 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 statutory 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 October 2020 and, in accordance with s 54, will operate from 21 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for approval of an enterprise agreement with the Cachia Brothers Fire Protection Services Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The union argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement satisfied the requirements set out in the Act, including the 'better off overall test', which requires that employees be no worse off financially and have at least the same entitlements as those provided under the relevant award or registered agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory criteria for approval, particularly focusing on whether it met the 'better off overall test'. This test requires that the agreement ensures employees are no worse off financially and have at least the same entitlements as those provided under the relevant award or registered agreement. The Commission needed to carefully scrutinise the terms of the agreement, including wages, conditions, and other entitlements, to determine if the employees would indeed be better off overall.

In reaching its decision, the Commission thoroughly examined the financial and non-financial terms of the proposed agreement. It compared these terms with the applicable award to ensure compliance with the 'better off overall test'. After considering all submissions and evidence, the Commission found that the agreement did indeed meet the statutory criteria. The Commission was satisfied that employees would not be worse off financially and would retain at least the same entitlements as provided under the relevant award. Consequently, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement, subject to the terms outlined in the decision. The approval was contingent upon the parties adhering to the specific conditions set out in the decision, ensuring that the agreement was implemented in a manner consistent with the Commission's findings.

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