DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2432)

YOUR FIRE PROTECTION SPECIALIST & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 AUGUST 2020

Application for approval of the Your Fire Protection Specialist & 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 Your Fire Protection Specialist & 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 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 on behalf of its members working in the fire protection industry in New South Wales and the Australian Capital Territory. The respondent employer association objected to the agreement on various grounds, including concerns about the union's representativeness and the fairness of certain clauses. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the Commission were whether the union genuinely represented the majority of employees in the relevant bargaining unit and if the agreement contained terms that were fair and reasonable. The employer contested the union's representativeness, arguing that it did not have the necessary support of a majority of the employees. The Commission had to determine if the union met the legal requirements for authorisation and if the agreement's terms complied with the Fair Work Act 2009.

The Commission found that the union had demonstrated sufficient support from the employees to be considered their genuine representative. It noted the union's comprehensive approach in canvassing members and the high level of support it received. Regarding the agreement's terms, the Commission held that while some provisions were contentious, they did not render the agreement unfair or unreasonable overall. The Commission approved the enterprise agreement, emphasising the importance of fair and reasonable terms in workplace agreements.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions and modifications to address specific concerns raised by the employer. The decision confirmed the union's authority to represent the employees and highlighted the need for agreements to reflect fair and reasonable terms. This outcome ensures that the employees in the fire protection industry have a certified agreement governing their employment conditions.

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