DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5838)

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

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Performance Fire Protection 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 Performance Fire Protection 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 8 December 2017 and, in accordance with s.54, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 of an enterprise agreement for employees of Performance Fire Protection Pty Ltd. The dispute arose under the Fair Work Act 2009, specifically focusing on whether the agreement met the criteria for being deemed "appropriately registered" under section 234 of the Act. The court was tasked with determining if the agreement was fairly negotiated and if it complied with the legal requirements for registration.

The primary legal issues before the court were whether the union had appropriately represented the employees during the negotiation process and if the agreement contained all necessary provisions as mandated by the Fair Work Act. Additionally, the court needed to verify if the agreement adhered to the "better off overall test" which ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions.

The Fair Work Commission, in its decision, found that the union had adequately represented the employees and that the agreement was fairly negotiated. The court confirmed that the agreement contained all required provisions and satisfied the "better off overall test." The Commission determined that the agreement met all legal criteria for registration and approved it accordingly. The Commission's decision was based on a thorough examination of the negotiation process, the contents of the agreement, and its compliance with the Act.

No further orders were made beyond the approval of the enterprise agreement.

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