DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2715)

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

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the Northern Fire Protection 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 Northern Fire Protection 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[4] 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.

[5] The Agreement was approved on 23 September 2020 and, in accordance with s 54, will operate from 30 September 2020. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the Northern Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, for approval of the agreement. The application was heard by the Fair Work Commission, with the primary issue being whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to determine whether the agreement complied with the provisions of the Act, including whether it was made in good faith and whether it met the minimum standards set by the Act.

The legal issues the court considered included whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to the minimum entitlements prescribed by the Act, and whether it was made in good faith. The court also had to assess whether the agreement complied with the procedural requirements for making an enterprise agreement. The applicant argued that the agreement was fair and reasonable, met the minimum standards, and was made in good faith. The respondent did not contest the fairness or reasonableness of the agreement but raised concerns about certain provisions and the process by which the agreement was made.

The Fair Work Commission found that the agreement was fair and reasonable, met the minimum standards, and was made in good faith. The court considered the provisions of the agreement and the evidence provided by the parties, concluding that the agreement complied with the statutory requirements for approval. The court found that the process by which the agreement was made was fair and that the agreement provided for appropriate terms and conditions for the employees covered by it. The court approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the court were that the Northern Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved and registered under the Fair Work Act 2009. The court directed that the agreement be registered by the Fair Work Ombudsman and that it would come into effect on the date of the decision. The decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of meeting the statutory criteria for such agreements.

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