DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2540)

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

Plumbing industry
COMMISSIONER JOHNS	DARWIN, 7 AUGUST 2018

Application for approval of the FireTeq 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 FireTeq 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 14 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of a collective agreement between FireTeq Pty Ltd and the CEPU Plumbing Division Fire Services Union for the period 2015 to 2019. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the required terms and conditions and complied with the procedural requirements of the Act. Specifically, the Commission needed to consider whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment of the employees covered by the agreement. Additionally, the Commission needed to ensure that the agreement did not discriminate against any class of employees and that it complied with the relevant minimum standards set out in the National Employment Standards.

After reviewing the evidence and submissions presented by the parties, the Commission found that the agreement met all the necessary requirements for approval. The Commission noted that the agreement contained all the required terms and conditions and that it had been made in good faith. The Commission also found that the agreement did not discriminate against any class of employees and that it complied with the relevant minimum standards. As a result, the Commission approved the agreement, and it became legally binding on the parties from the date of the decision.

The Fair Work Commission approved the FireTeq Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, finding that it met all the necessary requirements under the Fair Work Act 2009. The agreement was approved on the basis that it contained all the required terms and conditions, was made in good faith, did not discriminate against any class of employees, and complied with the relevant minimum standards. The approval of the agreement ensures that the employees covered by the agreement have a legally binding set of terms and conditions of employment for the specified period.

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