DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6369)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MAY 2018

Application for approval of the Fire Systems Infrastructure 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 Fire Systems Infrastructure 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 (CEPU). The agreement is a single enterprise agreement.

[2] The Applicant 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, 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 have been met.

[4] The CEPU 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 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 30 September 2019.

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 a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Fire Systems Infrastructure Pty Ltd. The dispute centred on the terms and conditions of employment within the unionised workforce of Fire Systems Infrastructure. The case was heard in the Fair Work Commission of Australia.

The central legal issues revolved around the fairness and validity of the proposed enterprise agreement. Specifically, the court had to determine whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was appropriately negotiated. Key issues included the assessment of the agreement's compliance with the 'better off overall test', ensuring the agreement provided employees with no less than the applicable minimum standards, and verifying that the agreement was made in good faith and not under duress.

The Fair Work Commission undertook a detailed analysis of the proposed agreement, considering the views of both parties and the implications for employees. The Commission found that the agreement met the necessary criteria for approval. The terms were deemed to be fair and reasonable, and the agreement was made without any improper influence or coercion. Consequently, the Commission approved the enterprise agreement, recognising its compliance with statutory requirements and its potential to benefit the workforce.

The Fair Work Commission approved the Fire Systems Infrastructure Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019, confirming its compliance with the Fair Work Act 2009 and its alignment with the better off overall test. This decision finalised the approval process and established the terms and conditions 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