DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2587)

A & K FIRE 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 A & K Fire 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 A & K Fire 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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a collective agreement with A & K Fire Pty Ltd and CEPU Plumbing Division Fire Services. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" and did not include any provisions that contravened the Fair Work Act.

The Commission examined the agreement's provisions to ensure they adhered to the statutory requirements. It assessed whether the agreement provided employees with terms and conditions that were at least as favourable as the relevant award or safety net award. The Commission also considered if the agreement contained any provisions that were inconsistent with the Act. After reviewing the agreement, the Commission found that it met the better off overall test and did not contain any unlawful provisions. Therefore, the application for approval was granted.

In reaching its decision, the Commission emphasised the importance of ensuring that employees were not disadvantaged by the terms of the agreement. It noted that the agreement provided employees with a range of benefits, including higher wages and improved working conditions. The Commission also highlighted that the agreement did not contain any provisions that were inconsistent with the Fair Work Act. Consequently, the application for approval was approved, and the agreement was registered.

The Commission's final order was that the A & K Fire Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will be legally binding on the parties and will provide employees with improved terms and conditions of employment.

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