DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/626)

KELLY FIRE PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Kelly 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Kelly Fire Pty Ltd. The agreement, titled the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, was contested on the grounds that it did not meet the requirements for approval under the Fair Work Act 2009. The dispute was heard in the Federal Circuit Court of Australia. The central issue the court needed to address was whether the enterprise agreement complied with the legal standards set out in the Fair Work Act, particularly focusing on the requirements for good faith bargaining and the inclusion of specific provisions that are mandated by law. The court had to examine whether the agreement was genuinely negotiated and if it contained all the necessary minimum terms and conditions as stipulated by the Act.

In reaching its decision, the court considered the evidence presented by both parties regarding the negotiation process and the content of the agreement. It assessed whether the agreement was the product of genuine and meaningful negotiations between the employer and the union. The court also examined the specific provisions of the agreement to ensure they complied with the mandatory minimum terms and conditions under the Fair Work Act. The court found that the agreement was indeed the result of good faith negotiations and that it included all the required minimum terms and conditions. Consequently, the court determined that the application for approval of the enterprise agreement should be granted. The court's decision was based on a thorough evaluation of the negotiation process and the content of the agreement, confirming its compliance with the statutory requirements.

The court's decision to approve the enterprise agreement was grounded in the evidence that demonstrated the parties' adherence to the principles of good faith bargaining and the inclusion of all necessary provisions. The court acknowledged the efforts made by both the union and the employer in negotiating the terms of the agreement, which aligned with the legal standards for such agreements. The final orders of the court included the approval of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, affirming its validity and enforceability under the Fair Work Act.

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