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

[2022] FWCA 110

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

(AG2021/9081)

Fire Strategy Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2021-2024

Fire fighting services
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JANUARY 2022

Application for approval of the Fire Strategy Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2021-2024

An application has been made for approval of an enterprise agreement known as the Fire Strategy Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2021-2024 (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.

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.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Notice of Employee Representational Rights given to employees was not in the form prescribed by Schedule 2.1 of the Fair Work Regulations 2009 as it included the name and position title of the signatory for the employer, as well as the date of issue. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of the Fire Strategy Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2021-2024. The union argued that the agreement met the criteria for approval under section 186 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under section 186 of the Fair Work Act 2009.

The key issue before the Commission was whether the agreement complied with the provisions of section 186 of the Fair Work Act 2009, which sets out the criteria for approval of an enterprise agreement. Specifically, the Commission needed to consider whether the agreement contained only matters that are directly or indirectly related to the employment of the employees to which it applies, and whether it complied with the other requirements of section 186.

The Commission found that the agreement met the criteria for approval under section 186 of the Fair Work Act 2009. The agreement contained only matters that were directly or indirectly related to the employment of the employees to which it applied, and it complied with the other requirements of section 186. The agreement also contained appropriate mechanisms for the resolution of disputes between the parties, and it did not contain any provisions that were contrary to public policy.

The Fair Work Commission approved the Fire Strategy Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2021-2024. The agreement is now registered and will apply to the relevant employees for the period specified in the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established