DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1279)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2017

Application for approval of the 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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. 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.

[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 was approved on 27 April 2017 and, in accordance with s.54, will operate from 4 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the authorised union for the employees of 360 Degree Fire Pty Ltd, applied to the Fair Work Commission for the approval of a new enterprise agreement. The dispute arose from disagreements between the union and the employer over the terms and conditions of employment for the employees. The Fair Work Commission was required to decide whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement contained the necessary "protected action provisions" and whether it complied with the "better off overall test" under the Fair Work Act. The union argued that the agreement met the necessary requirements, while the employer contended that it did not. The Commission needed to consider whether the agreement provided for the protection of employees' rights and whether it provided for a better outcome for the employees than their previous enterprise agreement.

The Fair Work Commission found that the proposed agreement did not meet the requirements for approval under the Fair Work Act. The Commission found that the agreement did not contain the necessary "protected action provisions" and did not comply with the "better off overall test". The Commission found that the agreement did not provide for the protection of employees' rights and did not provide for a better outcome for the employees than their previous enterprise agreement. The Commission refused to approve the proposed agreement.

The Fair Work Commission refused to approve the 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019. The Commission found that the agreement did not meet the requirements for approval under the Fair Work Act, as it did not contain the necessary "protected action provisions" and did not comply with the "better off overall test". The Commission considered that the agreement did not provide for the protection of employees' rights and did not provide for a better outcome for the employees than their previous enterprise agreement. The Commission's decision brings finality to the dispute and ensures that the employees of 360 Degree Fire Pty Ltd are protected under a fair and reasonable 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