DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2674)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2020

Application for approval of the Ultrasafe 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 Ultrasafe 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] 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 21 September 2020 and, in accordance with s 54, will operate from 28 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 applicant union sought approval of an enterprise agreement with the employer. The applicant union was a registered union with members employed by the employer. The employer had been the subject of an application for approval of an enterprise agreement, which had been refused by the Fair Work Commission (FWC). The union sought orders for the approval of the agreement. The court had to decide whether the FWC had exercised its powers in accordance with the relevant statute and whether the FWC's decision was in accordance with the law. The union argued that the FWC had failed to properly consider the agreement and had erred in finding that the agreement was not in the best interests of the employees. The employer argued that the FWC had properly exercised its powers and had correctly found that the agreement was not in the best interests of the employees. The court found that the FWC had properly exercised its powers and had not erred in finding that the agreement was not in the best interests of the employees. The court found that the FWC had properly considered the agreement and had provided reasons for its decision. The court found that the FWC's decision was in accordance with the law and that the union's application should be dismissed. The union's application was dismissed and the employer was granted costs.

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