DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2364)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the MGH 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 MGH 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 4 September 2020 and, in accordance with s 54, will operate from 11 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 this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) sought approval of the MGH Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement) under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President D. L. Ross presiding. The dispute centred on the approval of the Agreement, which was negotiated between the Applicant and the employer, MGH Protection Pty Ltd.

The legal issues before the court involved whether the Agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the court needed to determine if the Agreement provided for fair and reasonable terms and conditions of employment, and if it was appropriately registered. The Applicant argued that the Agreement was fair and reasonable, while no objections were raised by any party.

The court carefully reviewed the Agreement and found that it complied with all statutory requirements. The Agreement provided for reasonable terms and conditions, including wages, hours of work, leave provisions, and other employment matters. The court also considered the process by which the Agreement was negotiated and the lack of objections from any party. Based on the evidence presented, the court concluded that the Agreement was fair and reasonable and met all necessary criteria for approval. Consequently, the court granted the Applicant's application and approved the Agreement.

As a result of the court's decision, the MGH Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 was approved and registered under the Fair Work Act. This ruling ensures that the terms and conditions outlined in the Agreement will govern the employment relationship between the parties for the specified period.

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