DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2586)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2020

Application for approval of the Alert Fire Protection Services & 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 Alert Fire Protection Services & 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 24 September 2020 and, in accordance with s 54, will operate from 1 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Alert Fire Protection Services Pty Ltd. The matter was brought before the Fair Work Commission, and the central issue was the application for the approval of the Alert Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The Union sought to have this agreement approved under the Fair Work Act 2009, and the employer, Alert Fire Protection Services Pty Ltd, did not oppose the application. The court was tasked with determining whether the agreement met the requirements of the Act and was fair and reasonable for the employees covered by the agreement.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act and was fair and reasonable for the employees. The court had to examine the terms and conditions of the agreement, including the provisions on wages, hours of work, leave, and other employment-related matters, to ensure they aligned with the principles of the Act. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it was appropriately negotiated.

The court found that the agreement met the statutory requirements of the Fair Work Act and was fair and reasonable for the employees. The terms and conditions of the agreement were deemed appropriate and provided for a fair balance between the rights and obligations of the employer and the employees. The court noted that the agreement had been negotiated in good faith and was not opposed by the employer. Consequently, the court approved the agreement, affirming its compliance with the statutory provisions and its fairness and reasonableness for the employees.

The court's final orders were that the Alert Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved under section 231 of the Fair Work Act 2009. This decision effectively formalised the agreement, making it legally binding between the employer and the employees covered by the agreement. The approval ensured that the terms and conditions of employment were properly regulated and that the employees were provided with fair and reasonable terms 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