DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5020)

UNITED FIRE SERVICES (NSW) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the United Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the United Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 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 27 September 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) and two employers, sought approval of an enterprise agreement. The application was made under section 179 of the Fair Work Act 2009. The respondents, two groups of employees, opposed the application. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement satisfied the "better off overall test" (BOOT) as required by section 179(2)(b) of the Act. The respondents argued that the agreement did not meet this test because it included provisions that were worse for employees than the applicable award. The union and the employers submitted that the agreement was fair and met the BOOT.

The Commission found that the agreement did meet the BOOT. It considered the overall terms and conditions of the agreement, including wages and conditions, and found that employees would be better off with the agreement than without it. The Commission also found that the agreement contained appropriate mechanisms for resolving disputes and providing for the protection of employees' rights. It rejected the respondents' arguments that certain provisions were unfair and that the agreement did not meet the BOOT. The Commission approved the agreement.

The Fair Work Commission approved the United Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The respondents' application for the approval of the agreement was upheld. The agreement is now registered and will apply to the relevant employees and employers. The respondents' objections to the agreement were dismissed.

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