DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2663)

EXTINGUISHED FIRE (NSW) PTY LTD & 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 Extinguished Fire (NSW) 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 Extinguished Fire (NSW) 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 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

In the case of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union applied for the approval of the Extinguished Fire (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application was heard by the Fair Work Commission, with the hearing conducted remotely via video-link. The union sought to have the enterprise agreement approved by the Commission, ensuring its legal enforceability under the Fair Work Act 2009.

The central legal issues that the Commission had to decide upon were whether the enterprise agreement complied with the requirements of the Fair Work Act, including the "better off overall test" (BOOT), and whether the agreement was fairly and genuinely negotiated between the union and the employer. The Commission examined the contents of the agreement, the negotiation process, and whether the agreement met the necessary standards of fairness and genuineness.

The Commission found that the enterprise agreement was fairly and genuinely negotiated, and it complied with all the statutory requirements of the Fair Work Act. The agreement was found to be in the best interests of the employees, satisfying the BOOT, and it included appropriate terms and conditions of employment that were fair and reasonable. Therefore, the Commission approved the agreement, allowing it to take effect and be legally binding on the parties involved.

The final order of the Commission was that the Extinguished Fire (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved, effective from the date of the decision. The agreement was to be registered by the union and employer with the Fair Work Commission, ensuring its enforceability and protection of the rights of the employees involved.

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