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

[2018] FWCA 4969

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/3535)

MGH Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019

Plumbing industry
Commissioner Lee	MELBOURNE, 28 August 2018

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

An application has been made for approval of an enterprise agreement known as the MGH Protection Services 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 N Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and the MGH Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 (the Agreement). The Applicant sought approval of the Agreement, which was entered into between the employer and the union, governing the terms and conditions of employment for certain workers. The primary dispute centred on whether the Agreement met the criteria for being a "single interest employer agreement" and a "single interest employee agreement" under the Fair Work Act 2009.

The central legal issues before the Commission were whether the Agreement was a genuine enterprise agreement and whether it satisfied the requirements for being a single interest employer and employee agreement. The Applicant argued that the Agreement did not genuinely represent the interests of the employees, as it was entered into by a union that did not have the requisite bargaining rights. The employer, on the other hand, contended that the Agreement was a bona fide enterprise agreement that met all statutory requirements and fairly represented the interests of the employees.

The Commission found that the Agreement was a genuine enterprise agreement and satisfied the criteria for being a single interest employer and employee agreement. The Applicant's contention that the union did not have the requisite bargaining rights was dismissed, as the Commission found that the union had the necessary authority to enter into the Agreement. Furthermore, the Commission determined that the Agreement genuinely represented the interests of the employees and met all statutory requirements. Consequently, the Commission approved the Agreement.

In light of the findings, the Fair Work Commission approved the MGH Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The approval was granted on the condition that the Agreement would be in effect from the date of the decision and would remain in force until the end of the specified period or until superseded by a new agreement. The Commission's decision provided clarity on the requirements for single interest employer and employee agreements and reinforced the importance of genuine representation of employee interests in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established