DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2653)

CENTRAL FIRE SYSTEMS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRSIE AGREEMENT NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 SEPTEMBER 2020

Application for approval of the Central Fire Systems Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

[1] 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 Central Fire Systems 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 22 September 2020 and, in accordance with s 54, will operate from 29 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIU) applied to the Fair Work Commission for approval of an enterprise agreement between Central Fire Systems Pty Ltd and two unions, the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of Central Fire Systems Pty Ltd, particularly focusing on the proposed enterprise agreement for the period 2020-2024.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly whether it met the requirements for 'direct' agreements and whether it contained terms that were against the 'better off overall test'. The Commission also needed to determine if the agreement provided for the proper representation of employees and if it contained terms that were in the best interests of the employees.

The Commission found that the proposed agreement was a 'direct' agreement as it was made between the employer and the unions representing the employees. The Commission considered the terms of the agreement and found that they were in the best interests of the employees as they met the 'better off overall test'. The Commission also found that the agreement provided for the proper representation of employees and that it contained terms that were not against public policy. The Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application for the registration of the enterprise agreement and ordered that it be registered under the Fair Work Act. The agreement will now apply to the employees of Central Fire Systems Pty Ltd for the period 2020-2024. The decision of the Commission is final and binding on the parties and cannot be appealed.

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