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
(AG2017/3314)

PPFSA PTY LTD T/A PRISTINE PLUMBING AND FIRE SPECIALIST AUSTRALIA AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 15 NOVEMBER 2017

Application for approval of the PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) has applied for approval of an enterprise agreement known as the PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia 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). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed PPFSA Pty Ltd T/A Pristine Plumbing and Fire Specialist Australia (the Employer) it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 15 November 2017 undertakings were provided by the Employer. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that the undertakings is taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was asked to approve a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia. The dispute centred around the terms and conditions of employment within the plumbing and fire services industry, specifically regarding the recognition of union representation and the establishment of a framework for resolving workplace disputes. The legal issues that the Fair Work Commission had to address included the validity of the agreement, the adherence to relevant industrial laws, and the overall fairness of the terms to both the employees and the employer.

The Fair Work Commission began its analysis by examining the process through which the agreement was negotiated and whether it complied with the requirements set forth in the Fair Work Act 2009. It was necessary to confirm that the union had the appropriate authorisation to represent the employees and that the agreement was genuinely negotiated with the employer. The Commission also assessed the substantive provisions of the agreement, ensuring they met the minimum standards and did not unfairly disadvantage any party. The key concern was whether the agreement provided adequate protections and benefits to the employees while allowing the employer to operate efficiently and effectively.

After a thorough review of the negotiation process and the contents of the collective agreement, the Fair Work Commission found that the agreement was valid and in compliance with the applicable laws. The Commission was satisfied that the union had the necessary authorisation and that the agreement was genuinely negotiated. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, providing a balanced approach that addressed the interests of both the employees and the employer. Consequently, the Fair Work Commission approved the collective agreement, allowing it to take effect from the specified period.

The Fair Work Commission’s decision to approve the collective agreement was based on the comprehensive examination of the negotiation process, the contents of the agreement, and its compliance with relevant industrial laws. By granting approval, the Commission recognised the legitimate role of the union in representing the employees and confirmed the agreement as a fair and effective framework for governing the employment relationship between the union and the employer. This decision will have implications for future negotiations and agreements within the plumbing and fire services industry, setting a precedent for the recognition of union representation and the establishment of fair and balanced terms and conditions of employment.

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