DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2890)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Reactive Fire 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 Reactive Fire 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

In the recent matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with reviewing and approving the Reactive Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. This decision arose from an application by the union seeking approval of the enterprise agreement, which would set out the terms and conditions of employment for employees covered by the agreement. The agreement sought to cover a range of issues including wages, working conditions, and dispute resolution mechanisms.

The key legal issues before the Fair Work Commission were whether the agreement met the statutory requirements for approval, including being in the best interests of the employees covered by the agreement, and whether it complied with the provisions of the Fair Work Act 2009. The union argued that the agreement was in the best interests of the employees and met all the requirements for approval, while the employer raised concerns about certain provisions of the agreement.

After considering the evidence and arguments presented by both parties, the Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved working conditions, and streamlined dispute resolution mechanisms. The Commission also found that the agreement was in the best interests of the employees covered by the agreement, and that it complied with the provisions of the Fair Work Act 2009. As a result, the Fair Work Commission approved the Reactive Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

This decision highlights the importance of enterprise agreements in setting out the terms and conditions of employment for employees. It also demonstrates the role of the Fair Work Commission in ensuring that enterprise agreements meet the statutory requirements for approval, and that they are in the best interests of the employees covered by the agreement. The decision provides guidance for employers and unions when negotiating and finalising enterprise agreements, and ensures that employees are protected by fair and reasonable terms and conditions of employment.

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