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
(AG2017/5836)

CENTRAL FIRE SYSTEMS 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 Central Fire Systems 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 Central Fire Systems 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 this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") applied to the Fair Work Commission for approval of the Central Fire Systems Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement. The Fair Work Commission was tasked with determining these issues.

The central legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act, and whether the agreement was in the best interests of the employees. This involved examining the terms and conditions of the agreement, the process by which it was negotiated, and whether it provided fair and reasonable outcomes for the employees. The Union argued that the agreement was fair and in the best interests of the employees, while the employer contended that certain provisions were not in compliance with the Act.

In delivering its decision, the Commission found that the agreement was compliant with the statutory requirements of the Fair Work Act. The Commission considered the negotiation process and the terms and conditions of the agreement, concluding that it provided fair and reasonable outcomes for the employees. The Commission also found that the agreement was in the best interests of the employees, taking into account the evidence and submissions presented by both parties. As a result, the Commission approved the agreement.

The final order of the Commission was that the Central Fire Systems Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 be approved and registered under the Fair Work Act. This decision provided clarity and certainty for both the Union and the employer, and established the terms and conditions of employment for the employees covered by the 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