DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Syfon Systems Pty Ltd
(AG2021/4467)

SYFON SYSTEMS PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2021

Application for approval of the Syfon Systems Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Syfon Systems Pty Ltd has made an application for approval of an enterprise agreement known as the Syfon Systems Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (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 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 April 2021 and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Syfon Systems Pty Ltd, the Fair Work Commission was tasked with considering the application for the approval of the Enterprise Agreement between Syfon Systems Pty Ltd and the CEPU – Plumbing Division Victorian Branch. The nature of the dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 for enterprise agreements. The Commission was required to determine whether the agreement was a "registered agreement" as defined under the legislation, which included examining its coverage, the manner in which it was formed, and whether it satisfied the "better off overall test".

The key legal issues the Commission had to resolve involved assessing the procedural fairness of the bargaining process, the extent to which the agreement provided for fair terms and conditions, and whether the agreement met the threshold for being considered "better off overall" for the employees. Additionally, the Commission needed to consider the fairness of the terms regarding wage rates, conditions of employment, and other entitlements stipulated in the agreement.

In its decision, the Commission found that the bargaining process was conducted in good faith and that the agreement provided for fair terms and conditions. The Commission determined that the agreement satisfied the "better off overall test" as it was in the best interest of the employees to be covered by the agreement rather than unprotected by any agreement. The Commission also found that the agreement met all the statutory requirements for a registered agreement, including the procedural fairness of the agreement formation process. Consequently, the Commission approved the Enterprise Agreement, acknowledging its validity and enforceability under the Fair Work Act 2009.

Syfon Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established