DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2968)

FIRE PROTECTION SYSTEMS (AUST) 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 Fire Protection Systems (Aust) 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 Fire Protection Systems (Aust) 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Fire Protection Systems (Aust) Pty Ltd, and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The union sought approval for the enterprise agreement, which outlined the terms and conditions of employment for employees within the specified industry. The court was tasked with ensuring the agreement met the requirements of the Fair Work Act 2009 and did not unfairly disadvantage any party.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act and did not contain any terms that were contrary to public policy or that were otherwise unenforceable. The court needed to examine the agreement to ensure it was in the best interests of the employees and did not unfairly disadvantage any party involved. Furthermore, the court considered whether the agreement provided for the proper negotiation of terms and conditions of employment.

In determining the matter, the court meticulously reviewed the provisions of the enterprise agreement. It found that the agreement met the legal requirements set out in the Fair Work Act. The court confirmed that the agreement was the result of proper bargaining between the parties and did not contain any terms that were unfair or contrary to public policy. The court also found that the agreement provided for the proper negotiation of terms and conditions of employment and was in the best interests of the employees. Consequently, the court approved the enterprise agreement, allowing it to take effect.

The final orders of the court were to approve the Fire Protection Systems (Aust) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act. This decision ensured the agreement would govern the employment terms and conditions for the specified period and provided legal certainty for both the union and the employer.

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