DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2291)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 AUGUST 2020

Application for approval of the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement 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 PFS Management 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 21 August 2020 and, in accordance with s 54, will operate from 28 August 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 the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) lodged an application seeking approval of the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute arose from the negotiation of the terms of the proposed enterprise agreement between the Union and the employer. The Commission was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue for the Commission to decide was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to examine whether the agreement contained all the mandated terms and conditions, whether it was in the best interests of the employees, and if it adhered to the good faith bargaining requirement. The Union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions.

After carefully reviewing the application and submissions from both parties, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The Commission was satisfied that the agreement contained all the mandated terms and conditions, was in the best interests of the employees, and was the product of good faith bargaining. The Commission acknowledged the efforts of both parties in reaching the agreement and approved the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.

The Fair Work Commission approved the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, effective from 1 April 2020. The agreement will govern the employment terms and conditions of the employees covered by the agreement for the next four years. The Commission's decision provides certainty for both the Union and the employer, ensuring that the employees' interests are protected under the approved enterprise agreement.

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