DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2899)

INFERNO FIRE 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 Inferno Fire 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 Inferno Fire 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") applied for approval of the Inferno Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly regarding the process through which the agreement was made and whether it contained mandatory terms that complied with the law. The primary legal issues before the Commission were whether the agreement was genuinely negotiated and if it included all the mandatory terms required by the Fair Work Act. The Commission needed to determine whether the process used to negotiate the agreement was compliant and whether the terms of the agreement adhered to the mandatory provisions set out in the legislation.

The Fair Work Commission examined the process through which the agreement was negotiated and found that it was conducted in good faith, with proper consultation and negotiation between the parties. The Commission also reviewed the contents of the agreement to ensure that it included all the mandatory terms required by the Fair Work Act. After a thorough examination, the Commission concluded that the agreement was genuinely negotiated and contained all the mandatory terms, thereby meeting the requirements for approval. The Union's application for approval of the enterprise agreement was subsequently approved by the Commission, which certified the agreement under section 171 of the Fair Work Act.

In light of the Commission's findings, the application for approval of the Inferno Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 was approved. The agreement was certified as meeting the requirements of the Fair Work Act, and the Commission's decision confirmed its validity for the specified period. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the approved enterprise agreement, providing a legally binding framework for the employer and employees to follow.

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