DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cavmar Unit Trust T/A Shield Fire Systems Pty Ltd
(AG2016/7515)

SHIELD FIRE SYSTEMS PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cavmar Unit Trust T/A Shield Fire Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2017. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Cavmar Unit Trust T/A Shield Fire Systems Pty Ltd, sought approval of an enterprise agreement. The respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds, including non-compliance with the fair work provisions. The dispute centred around the interpretation and application of these provisions in the context of the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. This included determining if the agreement provided for appropriate employee protections, such as minimum wages, leave entitlements, and dispute resolution mechanisms, and if it was genuinely negotiated and not the result of any unfair labour practices. The Commission had to consider whether the agreement was made in good faith, without coercion, and if it contained terms that were consistent with the overarching principles of the Act.

In its reasoning, the Commission examined the submissions and evidence provided by both parties. It assessed the negotiation process, the content of the agreement, and the fairness of the terms proposed. The Commission found that the applicant had demonstrated a genuine attempt to negotiate the agreement in good faith. It also determined that the proposed agreement provided adequate protections for employees and complied with the statutory requirements. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the application for the Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2016, finding it to be in compliance with the Fair Work Act 2009. The agreement was deemed to have been made in good faith, without coercion, and contained terms that were fair and consistent with the overarching principles of the Act.

Cavmar Unit Trust T/A Shield Fire 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