DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1620)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 19 MAY 2017

Application for approval of The Fire Trade Co 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 Fire Trade Co 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 26 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Fire Trade Co Pty Ltd, with the dispute being the approval of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The matter was heard in the Fair Work Commission. The central legal issues the court had to decide were whether the enterprise agreement met the criteria set out in the Fair Work Act 2009 and if the agreement was appropriately certified by the Fair Work Commission. Specifically, the court examined if the agreement satisfied the requirements of being in writing, being an enterprise agreement, and meeting the good faith bargaining criteria.

The Fair Work Commission reviewed the submissions and evidence provided by both parties, focusing on whether the agreement was negotiated in good faith and if it contained all the necessary elements as required by the Fair Work Act. The court considered the process of negotiation, the timing, and the content of the agreement. After evaluating the submissions and evidence, the Fair Work Commission found that the agreement was negotiated in good faith and met all the necessary criteria. The court was satisfied that the agreement contained all the required elements and was appropriately certified.

The Fair Work Commission approved the enterprise agreement, allowing it to come into effect from the specified date. The court's decision was based on the evidence and submissions presented, which demonstrated that the agreement met all the legal requirements. The court's approval of the agreement ensures that it is enforceable and binding on both parties involved in the dispute. The decision provides clarity on the terms and conditions of employment for the workers covered by the agreement, and it allows the parties to move forward with their employment relationship under the agreed terms.

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