Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2022] FWCA 3823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2022/4475)

Network Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 OCTOBER 2022

Application for approval of the Network Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020 – 2023

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Network Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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 its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 31 October 2022 and, in accordance with s 54, will operate from 7 November 2022. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval for an enterprise agreement with Network Fire Systems Pty Ltd. The dispute was heard in the Fair Work Commission. The key issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to whether it provided for the fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement included all the mandated minimum terms and conditions, whether it provided for the fair treatment of employees, and whether it was free from any provisions that were contrary to public policy.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that while there were some minor discrepancies, they did not affect the overall fairness of the agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it did not include any provisions that were contrary to public policy. The Commission emphasised the importance of the agreement's provisions for the fair treatment of employees and the promotion of workplace harmony.

The Fair Work Commission approved the agreement, subject to certain minor modifications to ensure full compliance with the statutory requirements. The modifications related primarily to the clarification of certain terms and conditions. The Commission noted that the modifications did not materially alter the nature of the agreement and that the modifications were necessary to ensure that the agreement met all the statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established