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 Divisional Branch
(AG2020/2910)

UNIFIED FIRE PROTECTION PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 OCTOBER 2020

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

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Divisional Branch has made an application for approval of an enterprise agreement known as the Unified Fire Protection 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.

[2] On the basis of the material contained in the application and accompanying statutory 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2020 and, in accordance with s 54, will operate from 16 October 2020. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Divisional Branch, which sought approval of the Unified Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The dispute was adjudicated by the Fair Work Commission. The legal issues that the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a lawful enterprise agreement.

The Commission examined the agreement's provisions to ensure it was not less favourable than the applicable minimum standards set by the relevant industrial instrument. It also assessed whether the agreement had been made in good faith and whether it contained any provisions that were contrary to public policy. The Commission further considered whether the agreement had been properly certified by the relevant union and whether it had been properly notified and made available to employees. The Commission found that the agreement met all the necessary criteria for approval, including compliance with the Fair Work Act and the absence of any provisions that were contrary to public policy. The Commission approved the agreement, recognising its compliance with the relevant legal standards and its potential to facilitate fair and productive industrial relations between the employer and the union.

The Fair Work Commission granted the application for approval of the Unified Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024, confirming its compliance with the Fair Work Act and its alignment with the necessary industrial standards. The Commission's decision underscores the importance of ensuring that enterprise agreements are made in good faith and provide fair terms for all parties involved. The approval of this agreement will now govern the employment conditions for the relevant employees for the specified period, facilitating a stable and productive industrial relationship between the employer and the union.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established