DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2294)

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

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2020

Application for approval of the Innovative Fire Services 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 Innovative Fire Services 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Innovative Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The application was opposed by the employer on the basis that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement was in compliance with the legislative provisions and therefore eligible for registration and enforcement as a registered agreement.

The Commission considered the arguments from both parties and examined the proposed agreement in detail. It focused on whether the agreement provided for a fair and efficient workplace, as well as whether it contained all the mandatory terms and conditions required by the Fair Work Act 2009. After reviewing the evidence and arguments presented, the Commission determined that the proposed agreement did not meet the legislative requirements for approval. The Commission found that certain provisions in the agreement did not provide for a fair and efficient workplace and that some mandatory terms and conditions were not included in the agreement.

As a result, the Fair Work Commission dismissed the application for approval of the proposed enterprise agreement. The Commission found that the agreement did not meet the necessary criteria for registration and enforcement under the Fair Work Act 2009. The employer's opposition to the approval of the agreement was successful, and the proposed agreement was not registered. This decision highlights the importance of ensuring that enterprise agreements comply with the relevant legislative provisions and provide for fair and efficient workplaces.

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