DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2329)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 AUGUST 2020

Application for approval of the FineLine Fire Protection Pty Ltd CEPU & NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreeement NSW & ACT 2020-2024.

[1] The 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 FineLine Fire Protection Pty Ltd CEPU & NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreeement 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 26 August 2020 and, in accordance with s 54, will operate from 2 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 applicant union sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement was between FineLine Fire Protection Pty Ltd and the union, governing employees in the fire protection sector in New South Wales and the Australian Capital Territory. The dispute centred on the procedural fairness of the process by which the agreement was reached, with the union alleging that the employer had not genuinely bargained with it. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the enterprise agreement had been made in accordance with the requirements of the Fair Work Act, specifically whether the employer had genuinely bargained with the union. The court needed to determine if the employer had acted in bad faith and failed to genuinely attempt to reach an agreement. This involved examining the conduct of the employer and the evidence provided by both parties regarding the bargaining process.

The court found that the employer had genuinely attempted to bargain with the union, despite the union's allegations to the contrary. The evidence presented showed that the employer had engaged in discussions and made offers, which were considered and responded to by the union. The court concluded that the employer had not acted in bad faith and had genuinely attempted to reach an agreement. Consequently, the court approved the enterprise agreement, finding that it met the requirements of the Fair Work Act.

The final orders of the court included the approval of the FineLine Fire Protection Pty Ltd CEPU & NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The court found that the agreement had been made in accordance with the Fair Work Act and was therefore valid. The union's application for approval was granted, and the enterprise agreement was approved as meeting the necessary legal standards.

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