DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/509)

OURIMBAH CREEK FIRE PTY LTD & CEPU NEW/NFIA SPRINKLER FITTING FIRE

Plumbing industry
COMMISSIONER LEE	SYDNEY, 15 APRIL 2019

Application for approval of the Ourimbah Creek Fire 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 Ourimbah Creek Fire 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 – 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 22 April 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the applicant, seeking approval for the Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically focusing on the mandatory terms set out in the Act. The court needed to determine if the agreement adequately covered the terms and conditions of employment, including wages, hours of work, leave entitlements, and other relevant matters. Furthermore, the court had to consider whether the agreement was made in good faith and if it provided for a fair and efficient workplace.

In its decision, the court meticulously examined the proposed agreement, assessing whether it adhered to the mandatory terms and conditions as stipulated in the Fair Work Act. The court found that the agreement was comprehensive and covered all required areas of employment conditions. The court also determined that the agreement was made in good faith and was fair and efficient, thereby meeting the criteria for approval. Consequently, the court approved the enterprise agreement, acknowledging its compliance with the legislative requirements.

As a result of the court's findings, the Fair Work Commission approved the Ourimbah Creek Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The decision affirmed that the agreement was valid and would govern the employment conditions for the specified period. This outcome provided certainty and legal recognition to the terms and conditions set out in the 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