DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2290)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the Fire Domain 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 Fire Domain 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 2 September 2020 and, in accordance with s 54, will operate from 9 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 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 Fire Domain Pty Ltd. The agreement, titled CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, was contested by Fire Domain Pty Ltd, who argued that the agreement was not in the best interests of their employees. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in the circumstances.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, including the ‘better off overall test’ and the ‘public interest test’. The Commission had to assess whether the terms and conditions of the agreement were fair and reasonable, taking into account the economic circumstances, the bargaining power of the parties, and the public interest. The Commission also needed to ensure that the agreement did not contain any terms that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission concluded that the agreement met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable. The Commission found that the agreement was in the best interests of the employees and that it complied with the better off overall test. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or were otherwise unenforceable. The Commission found that the agreement was fair and reasonable in the circumstances and approved it accordingly.

The Fair Work Commission approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, finding that it met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable in the circumstances. The Commission determined that the agreement was in the best interests of the employees and that it complied with the better off overall test. The Commission also found that the agreement did not contain any terms that were contrary to public policy or were otherwise unenforceable.

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