DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1891)

FUSION FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2018

Application for approval of the Fusion Fire Solutions 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 Fusion Fire Solutions 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 5 June 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Fusion Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of the agreement's coverage and its compliance with minimum entitlements. The Union argued that the agreement was fair and reasonable, while Fusion Fire Solutions Pty Ltd did not oppose the application but highlighted certain aspects that needed clarification and correction.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory provisions, including its coverage of employees and the specific terms regarding minimum entitlements, such as rates of pay, leave entitlements, and other conditions of employment. The court had to determine if the agreement was appropriately drafted and if it adhered to the legal standards set out in the Fair Work Act. Additionally, the court assessed whether the agreement appropriately balanced the interests of the employees and the employer.

The Fair Work Commission reviewed the proposed agreement and found it to be generally fair and reasonable, despite some minor deficiencies. The court addressed the concerns about the coverage of employees and clarified that the agreement was intended to cover all relevant employees within the specified scope. Regarding the minimum entitlements, the court confirmed that the agreement met the statutory requirements and did not disadvantage employees. The court made some minor amendments to correct typographical errors and to ensure clarity in certain provisions. Ultimately, the court approved the agreement with these minor modifications.

The final orders of the Fair Work Commission approved the Fusion Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, with the specified amendments to correct minor errors and ensure clarity. The approval took effect from the date of the decision, and the agreement was to be implemented as per its terms, subject to the modifications made by the court.

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