DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2706)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2018

Application for approval of the Fire Services Employment 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 Fire Services Employment 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 13 July 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Fire Services Employment Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019. The applicant argued that the agreement complied with the relevant provisions of the Fair Work Act 2009 and was therefore eligible for registration. The Fair Work Commission heard the application and was required to decide whether the agreement met the statutory criteria for approval.

The Commission considered whether the agreement contained the minimum terms and conditions required by the Fair Work Act. This included examining whether the agreement covered all employees and employers within the scope of the union's registration, and whether it included the minimum entitlements such as minimum wages, penalty rates, and maximum weekly hours of work. The Commission also assessed whether the agreement contained any provisions that were contrary to public policy or that had the potential to undermine the operation of the safety net provided by the Fair Work Act. Finally, the Commission examined whether the agreement had been made in good faith and whether it provided for a proper process for resolving disputes.

The Fair Work Commission found that the agreement complied with the statutory requirements and was therefore eligible for registration. The Commission noted that the agreement covered all employees and employers within the scope of the union's registration and contained the minimum entitlements required by the Fair Work Act. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that had the potential to undermine the safety net. Finally, the Commission was satisfied that the agreement had been made in good faith and provided for a proper process for resolving disputes.

The Fair Work Commission approved the Fire Services Employment Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019, and registered it as a registered agreement under the Fair Work Act. The applicant was ordered to pay the costs of the application.

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