DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/4937)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2018

Application for approval of the Intercrew Fire 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 Intercrew Fire 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 29 January 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Intercrew Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute was brought before the Fair Work Commission, the relevant tribunal for employment matters in Australia. The central issue before the court was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms and conditions for the employees, considering factors such as the bargaining power of the parties, the nature of the work, and any relevant industry standards.

The court carefully reviewed the provisions of the agreement, including wages, working hours, and other employment conditions. It assessed whether the agreement ensured a fair and reasonable outcome for the employees, in line with the principles of the Fair Work Act. The court considered the fairness of the agreement in light of the parties' bargaining power and the need to promote harmonious, productive, and cooperative workplace relationships. The tribunal also evaluated whether the agreement adhered to relevant industry standards and if it provided for adequate protections for the employees.

Upon reviewing the evidence and submissions, the court determined that the agreement was fair and reasonable for the employees. The court found that the terms and conditions of the agreement were equitable, taking into account the bargaining power of the parties and the nature of the work. The court also concluded that the agreement complied with relevant industry standards and provided sufficient protections for the employees. Consequently, the court approved the Intercrew Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019.

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