DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1625)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the FP&S 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 FP&S 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 May 2017. 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 (the applicant) applied for the approval of an enterprise agreement. The agreement in question was between the applicant and the employer, FP&S Pty Ltd, along with CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union (the respondents). The dispute arose from the negotiation and subsequent agreement between the parties regarding terms and conditions of employment for the employees covered by the agreement. The applicant sought to have the agreement approved, which would allow it to be registered and enforceable under the Fair Work Act 2009.

The legal issues the court had to address were primarily whether the agreement complied with the provisions of the Fair Work Act and whether it met the requirements for being a "better off overall test" (BOOT) agreement. Specifically, the court examined whether the agreement provided employees with a safety net of minimum wages and conditions and whether it offered a genuine improvement in terms and conditions of employment compared to the applicable award or safety net. The court also considered the process by which the agreement was negotiated and the fairness of the terms.

The court reviewed the agreement clause by clause, assessing it against the statutory requirements and principles of industrial law. It considered whether the agreement provided for fair and reasonable terms and conditions, ensuring that employees were not disadvantaged compared to the safety net provided by the relevant award. The court found that the agreement contained provisions that met the statutory requirements, including adequate minimum wage rates, leave entitlements, and other employment conditions. Furthermore, the court was satisfied that the agreement represented a genuine improvement for the employees, passing the better off overall test. Therefore, the court approved the agreement, finding it to be fair and reasonable.

Consequently, the court issued an order approving the enterprise agreement between the applicant and the respondents. The agreement was to be registered and enforceable under the Fair Work Act 2009, providing the terms and conditions of employment for the employees covered by the agreement. The approval signified that the agreement met the statutory requirements and offered genuine benefits to the employees.

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