DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2292)

PREMIER FIRE SERVICES (NSW) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2020

Application for approval of the Premier Fire Services (NSW) 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 Premier Fire Services (NSW) 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 20 August 2020 and, in accordance with s 54, will operate from 27 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

The matter before the Fair Work Commission involved an application for the approval of the Premier Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The parties involved were the employer, Premier Fire Services (NSW) Pty Ltd, and the union, CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The dispute centred around whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issues the court had to address were whether the proposed agreement was a genuine enterprise agreement and if it complied with the relevant provisions of the Fair Work Act. This included examining the process by which the agreement was negotiated, the fairness of its terms, and whether it met the criteria for being a genuine enterprise agreement. Additionally, the court had to consider if the agreement provided for minimum workplace rights and standards as required by the Act.

The Fair Work Commission found that the proposed enterprise agreement was genuine and had been fairly negotiated. The court emphasised that the agreement contained terms and conditions that were fair and reasonable, taking into account the needs of both the employer and the employees. The commission also determined that the agreement met the statutory requirements for approval, including compliance with minimum workplace rights and standards. As a result, the commission approved the agreement, enabling it to come into effect.

The final orders of the commission were that the Premier Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 was approved under the Fair Work Act. This decision provided clarity and certainty for the parties involved, allowing the agreement to be implemented and providing a framework for the employment relationship going forward.

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