DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2464)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the Mack 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 Mack 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 3 September 2020 and, in accordance with s 54, will operate from 10 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Mack Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application was brought under section 233 of the Fair Work Act 2009, where the Union argued that the terms of the agreement were appropriate for registration due to their compliance with the statutory requirements. The legal issues before the Commission centred on whether the enterprise agreement met the necessary standards for approval, specifically addressing if it provided for fair and reasonable terms, and whether it adhered to the provisions outlined in the Act.

The Commission examined the application to determine if the agreement contained mandatory terms, if it was free from prohibited content, and if it was properly negotiated. The Union argued that the agreement was negotiated in good faith and contained terms that were fair and reasonable. The Commission considered the provisions of the agreement, including the classification of employees, wage rates, and other employment conditions. The Union further argued that the agreement was necessary to address specific issues in the industry and provided adequate protections for employees. The Commission assessed the fairness and reasonableness of the terms by comparing them with industry standards and similar agreements.

After careful consideration of the arguments and evidence presented, the Commission determined that the enterprise agreement was fair and reasonable. The Commission found that the agreement met the statutory requirements and did not contain any prohibited content. The Commission approved the application for registration of the enterprise agreement, acknowledging the efforts made by both parties in negotiating the terms. The decision confirmed that the agreement was appropriate for registration and would provide for fair and reasonable terms of employment for the employees covered by the agreement. The Commission's approval ensures that the terms of the enterprise agreement will be legally binding on the parties 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