Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch - [2017] FWCA 4924

[2017] FWCA 4924

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 - Plumbing Division NSW Branch

(AG2017/2930)

Fire Sprinkler Installations (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019

Plumbing industry
Deputy President Kovacic	CANBERRA, 21 SEPTEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Fire Sprinkler Installations (NSW) 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 - Plumbing Division NSW Branch. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. Copies of the undertakings are attached to this decision.

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 28 September 2017. The nominal expiry date of the Agreement is 30 September 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division NSW Branch, as the applicant, seeking approval of an enterprise agreement. The agreement in question was the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The respondent to the application was the Fair Work Commission, which had the responsibility of assessing the agreement for its compliance with the Fair Work Act 2009. The dispute centred on the procedural fairness and the potential impact of the agreement on the employees' rights and protections.

The central legal issue before the court was whether the application for the approval of the enterprise agreement was made in accordance with the procedural fairness requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the union had provided sufficient information and consultation to its members about the terms of the agreement and whether the agreement itself complied with the provisions of the Act, particularly in terms of minimum entitlements and protections afforded to employees.

In reaching its decision, the court examined the evidence presented by both parties regarding the consultation and information processes undertaken by the union. It also evaluated the terms of the agreement to ensure they met the statutory minimum standards. The court found that the union had adequately consulted with its members and provided them with the necessary information to make an informed decision about the agreement. Additionally, the court determined that the agreement did not undermine the minimum entitlements and protections provided by the Fair Work Act 2009, and therefore, it was compliant with the law.

Consequently, the court approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, finding that the application process had been conducted fairly and that the agreement itself was in compliance with the relevant legislation.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established