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

[2022] FWCA 1265

[2022] FWCA 1265

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

(AG2022/1000)

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

Fire fighting services
COMMISSIONER PLATT	ADELAIDE, 12 APRIL 2022

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

1. An application has been made for approval of an enterprise agreement known as the Peak Fire Services & 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) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 April 2022.

1. RNC Developments Australia Pty Ltd (the Employer) provided an undertaking in the required form dated 8 April 2022. The undertaking deals with the following topics:

·   The definition of a shift worker will be as per the Plumbing and Fire Sprinklers Award 2010 (the Award).

·   The Employer has inserted a National Employment Standards (NES) precedence clause.

1. The CEPU, a bargaining representative for the Agreement, supported the undertakings. 

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Clause 30.3 of the Agreement provides that “by agreement between any Employer and his/her Employees other days may be substituted for the said days or any of them as to such Employer's undertaking”. This appears to be inconsistent with s.115(3) of the Act.

1. The Applicant has provided an effective NES precedence undertaking, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence undertaking, the above clause will not apply to the extent that it is inconsistent with the NES.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 February 2024.

COMMISSIONER

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