DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7062)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Ijact 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 Ijact Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement & 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.

[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 12 December 2016. 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ijact Pty Ltd, with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 at the centre of the dispute. The application for approval of the enterprise agreement was heard in the Fair Work Commission. The primary legal issues centred on whether the agreement met the requirements under the Fair Work Act 2009 for coverage, fairness, and if it was made in good faith.

The Fair Work Commission examined the agreement in light of the statutory criteria, ensuring that it covered employees correctly, provided fair terms and conditions, and was made without coercion or undue influence. The Commission considered the bargaining process, the nature of the agreement, and whether it provided a safety net for employees. The decision was also influenced by the necessity to balance the interests of both employers and employees, ensuring that the agreement was not overly favourable to one party.

After thorough deliberation, the Fair Work Commission determined that the enterprise agreement satisfied the statutory requirements. The agreement was deemed to be fair and made in good faith, covering the relevant employees and providing adequate terms and conditions. The Commission found that the bargaining process was transparent and that the agreement met the legislative standards for approval. Consequently, the application for approval was successful, and the enterprise agreement was registered.

The final orders included the registration of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019, confirming its validity and enforceability under the Fair Work Act 2009. The decision underscored the importance of fair and transparent bargaining processes in the creation of enterprise agreements.

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