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

[2022] FWCA 2632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3065)

Adept Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2022

Application for approval of the Adept Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024

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 Adept Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the copy of the Notice of Employee Representational Rights (NERR) that was given to employees was not in the prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and 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, 188 and 190 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 3 August 2022 and, in accordance with s 54, will operate from 10 August 2022. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Adept Fire Protection Services Pty Ltd. The dispute arose over the terms and conditions of the proposed agreement, which the union and the employer had negotiated. The case was heard by the Fair Work Commission, an Australian independent statutory body established to resolve workplace disputes and promote fair work practices.

The primary legal issues the Commission had to address were whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it contained the minimum entitlements prescribed by the Act, and if it adhered to procedural fairness. Furthermore, the Commission had to ensure the agreement did not unfairly discriminate against any class of employees or have adverse economic, social, or industrial consequences.

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and the impact on the employees. It found that the agreement was made in good faith and contained all the required minimum entitlements. The Commission also concluded that the agreement did not unfairly discriminate against any class of employees and did not have adverse economic, social, or industrial consequences. Based on this, the Commission approved the agreement, finding it met the legal requirements under the Fair Work Act.

The Fair Work Commission approved the Adept Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, determining it met all legal requirements and was in the best interest of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established