DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2894)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Absolute 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 Absolute 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 9 October 2020 and, in accordance with s 54, will operate from 16 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 an application for approval of the Enterprise Agreement between Absolute Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for New South Wales and the National Fire Industry Association Sprinkler Fitting Fire Protection Union Enterprise Agreement for New South Wales and the Australian Capital Territory, spanning the years 2020 to 2024. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed enterprise agreement satisfied the requirements of the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, whether it allowed for genuine collective bargaining, and whether it met the other procedural and substantive criteria outlined in the legislation. The commission had to consider submissions from both parties and any relevant evidence or arguments presented during the hearing.

In reaching its decision, the commission thoroughly examined the contents of the agreement and the submissions from both parties. It found that the agreement provided for a safety net of minimum wages and conditions, and allowed for genuine collective bargaining. The commission also considered the procedural fairness of the bargaining process, including the provision of full and frank disclosure and the opportunity for meaningful consultation. Based on these findings, the commission concluded that the agreement met all necessary criteria and approved it accordingly. The final orders of the commission were that the enterprise agreement be approved as a registered agreement under the Fair Work Act.

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