DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1845)

TRIUMPH FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2019

Application for approval of the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 35.2(b) – Notice of termination by the employee

However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Triumph Fire Solutions Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The specific enterprise agreement in question was the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The dispute was heard and determined in the Fair Work Commission. The legal issues at the core of this case revolved around whether the enterprise agreement complied with the requirements set forth under the Fair Work Act 2009. Specifically, the court had to ascertain whether the agreement contained all the necessary minimum terms and conditions as stipulated by the legislation, and whether it had been fairly negotiated.

The Fair Work Commission meticulously reviewed the provisions of the enterprise agreement to ensure it met all the statutory requirements. The court examined whether the agreement included the minimum entitlements and rights outlined in the Fair Work Act, such as minimum wages, penalty rates, leave entitlements, and other standard terms and conditions. The Commission also considered whether the agreement had been negotiated in good faith and whether it was free from any unlawful content. The determination hinged on whether the agreement adhered to the legal standards and whether it provided a fair and equitable framework for the employment relationship.

The Fair Work Commission found that the enterprise agreement was compliant with the necessary legal standards. The agreement contained all the required minimum terms and conditions, and there was evidence of good faith negotiation between the parties. The Commission was satisfied that the agreement was lawful and met the statutory requirements for approval. Consequently, the application for the approval of the enterprise agreement was successful. The court's decision provided clarity and legal certainty to both the employer and the union regarding the terms and conditions of employment for the specified period.

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