DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/832)

NORTHERN FIRE SYSTEMS PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2019

Application for approval of the Northern Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Northern Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Northern Fire Systems Pty Ltd (NFS). The Union applied for the approval of a collective agreement for its members employed by NFS under the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the application met the criteria for approval. The legal issues before the FWC were whether the agreement was genuinely a collective agreement, if it was free from prohibited content, and whether it would lead to improved workplace relations. The Union argued that the agreement was genuinely a collective agreement as it was made by the authorised representatives of the Union and NFS, and it contained terms that were genuinely bargained over by both parties. The Union further argued that the agreement was free from prohibited content and would lead to improved workplace relations.

The FWC examined the evidence and found that the agreement was genuinely a collective agreement as it was made by the authorised representatives of the Union and NFS, and it contained terms that were genuinely bargained over by both parties. The FWC also found that the agreement was free from prohibited content and would lead to improved workplace relations. The FWC noted that the agreement contained provisions that were beneficial to both parties, such as the establishment of a dispute resolution procedure and the inclusion of a dispute resolution clause. The FWC concluded that the agreement met the criteria for approval and granted the Union's application.

The FWC approved the Northern Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019, subject to certain conditions. The FWC imposed conditions on the agreement to ensure that it would not lead to a reduction in the overall benefits of employees. The FWC also noted that the agreement contained provisions that were designed to promote workplace relations and to ensure that employees were treated fairly and equitably. The FWC considered that the agreement would lead to improved workplace relations and that it was in the best interests of both parties. The FWC's decision was based on a careful consideration of the evidence and the relevant legal principles.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established