DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/763)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 20 MARCH 2017

Application for approval of the Base Fire Protection 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 Base Fire Protection 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 27 March 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 application before the Fair Work Commission (FWC) was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant). The Applicant sought approval of the Base Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 (the Agreement). The FWC was required to determine if the Agreement should be approved as a registered low paid award.

The Applicant argued that the Agreement should be approved as a registered low paid award because the Agreement was fair and reasonable for the employees covered by the Agreement. The Applicant contended that the Agreement was necessary to ensure that the employees were adequately compensated and protected. The FWC was required to consider whether the Agreement met the requirements of section 235 of the Fair Work Act 2009 (Cth).

The FWC found that the Agreement was fair and reasonable for the employees covered by the Agreement. The FWC considered the terms of the Agreement, including the minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The FWC found that the Agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the Agreement. The FWC also considered the evidence provided by the Applicant and the Respondent, and was satisfied that the Agreement was negotiated in good faith.

The FWC approved the Agreement as a registered low paid award. The FWC made an order that the Agreement be registered as a low paid award under section 170CB of the Fair Work Act 2009 (Cth). The order is effective from the date of the FWC’s decision.

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