DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2593)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2020

Application for approval of the FlameSafe Fire Protection 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 FlameSafe 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 11 September 2020 and, in accordance with s 54, will operate from 18 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 involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and FlameSafe Fire Protection Pty Ltd, as well as CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The application was heard in the Fair Work Commission. The central dispute centred on the terms and conditions outlined in the proposed enterprise agreement, which covered the period from 2020 to 2024. The key issues before the court included whether the agreement provided for fair and reasonable terms for employees, whether it complied with the relevant legislative framework, and if it met the criteria for being considered "unregistered" as opposed to "registered" under the Fair Work Act 2009.

The court carefully examined the provisions of the agreement to determine if they were fair and reasonable. It assessed whether the agreement appropriately balanced the interests of both the employer and the employees, and if it provided adequate protections and benefits. Additionally, the court reviewed the compliance of the agreement with the Fair Work Act, focusing on whether it adhered to the statutory requirements for enterprise agreements. The court also considered whether the agreement should be classified as "unregistered," which would exempt it from certain regulatory requirements.

Upon its review, the court found that the proposed agreement was fair and reasonable, providing adequate protections and benefits to the employees. It also concluded that the agreement complied with all statutory requirements under the Fair Work Act. Furthermore, the court determined that the agreement met the criteria for being considered "unregistered." Consequently, the court approved the enterprise agreement, acknowledging its balanced approach and compliance with the relevant legislative framework.

The final order of the court was the approval of the FlameSafe Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The court's decision ensured that the terms and conditions of the agreement would govern the employment relationship between the parties for the specified period, while also upholding the principles of fairness and compliance with the law.

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