DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Combined Fire Systems Pty Ltd
(AG2016/2711)

COMBINED FIRE SYSTEMS PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Combined 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 Combined 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 April 2016 and, in accordance with s.54, will operate from 5 May 2016. 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

The applicant, Combined Fire Systems Pty Ltd, applied to the Fair Work Commission for approval of the Sprinkler Fitters Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement if it meets the criteria of being a "registered agreement". The respondents, who included various trade unions representing the employees, opposed the application on various grounds. They argued that the agreement did not comply with the requirements of the Fair Work Act and did not meet the "better off overall test".

The legal issues before the Fair Work Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, including the "good faith" requirement and the "better off overall test". The Commission had to consider whether the agreement provided for terms and conditions that were at least as good as the relevant award or safety net award, and whether it had been negotiated in good faith. The Commission also had to consider whether the agreement met the requirements of the "better off overall test", which required that the majority of employees covered by the agreement be better off overall than they would be under the relevant award or safety net award.

The Fair Work Commission held that the agreement did comply with the requirements of the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and that it provided for terms and conditions that were at least as good as the relevant award or safety net award. The Commission also found that the agreement met the requirements of the "better off overall test", as a majority of the employees covered by the agreement were better off overall than they would be under the relevant award or safety net award. The Commission approved the agreement and registered it as a registered agreement under section 176 of the Fair Work Act.

The Fair Work Commission approved the Sprinkler Fitters Enterprise Agreement 2016 and registered it as a registered agreement under section 176 of the Fair Work Act. The Commission found that the agreement complied with the requirements of the Fair Work Act, including the "good faith" requirement and the "better off overall test". The Commission rejected the objections of the respondents and registered the agreement as a registered agreement. The agreement will now apply to the employees covered by it, and will remain in force until it is terminated or replaced by a new agreement.

Combined 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