DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/523)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2017

Application for approval of the CB 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 CB 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 the 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 1 March 2017 and, in accordance with s.54, will operate from 8 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the CB Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute involved the terms and conditions of employment for employees of CB Fire Protection Pty Ltd, and whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was in the interests of the employees and whether it complied with the provisions of the Act.

The central legal issue was whether the agreement met the "better off overall test" and whether it contained all the terms required by law. The Union argued that the agreement was in the best interests of the employees, while the employer contended that certain provisions were unfair and not in line with the requirements of the Act. The Commission had to consider the fairness and compliance of the agreement with the relevant legislation, including the Fair Work Act 2009.

The Fair Work Commission found that the agreement met the "better off overall test" and contained all the required terms. The Commission held that the agreement was in the best interests of the employees and was compliant with the Fair Work Act 2009. The Union's argument that the agreement was fair and met the requirements of the Act was accepted. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the CB Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, finding it to be in the best interests of the employees and compliant with the Fair Work Act 2009. The agreement was approved with effect from 1 July 2015, for a period of four years until 30 June 2019.

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