DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2955)

FORCE FIRE & SAFETY PTY LTD & CEPU/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 Force Fire & Safety Pty Ltd & CEPU/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 Force Fire & Safety Pty Ltd & CEPU/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, sought approval of the Force Fire & Safety Pty Ltd & CEPU/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020/2024. The application was heard by the Fair Work Commission. The dispute arose from the terms of the enterprise agreement, which was to govern the employment conditions of workers in the fire protection industry. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions.

The legal issues before the commission included whether the agreement was made in good faith and whether it contained unfair terms as defined under the Fair Work Act 2009. The commission had to consider the provisions of the agreement, the bargaining process, and the impact on the employees. The union argued that the agreement reflected the outcome of genuine bargaining and contained reasonable terms, while the employer contended that certain provisions were unfair and not in line with industry standards.

In its decision, the commission found that the agreement was made in good faith and contained terms that were not unfair. The commission noted that the agreement addressed key issues such as wages, hours of work, and leave, and that it provided for appropriate mechanisms for resolving disputes. The commission also considered the submissions from both parties and the evidence presented during the hearing. It concluded that the agreement met the requirements of the Fair Work Act and should be approved.

The Fair Work Commission approved the Force Fire & Safety Pty Ltd & CEPU/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020/2024. The commission determined that the agreement was fair and reasonable and should be registered under the Fair Work Act. This decision provides certainty for employers and employees in the fire protection industry and ensures that the terms of employment are governed by a legally approved enterprise agreement.

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