DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6956)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Force Fire & Safety 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 Force Fire & Safety 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.

[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 applicant union sought approval for an enterprise agreement between Force Fire & Safety Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain clauses, particularly those concerning wages, hours, and conditions of employment.

The legal issues before the Commission were whether the agreement was "better off overall test" compliant and if it contained any unfair provisions. The Commission examined the agreement's provisions in light of the Fair Work Act 2009, which requires that enterprise agreements be fair and reasonable and that they meet the "better off overall test." This test ensures that the agreement provides employees with a minimum 15% improvement in their overall conditions of employment compared to their previous conditions.

The Commission found that the agreement was fair and reasonable and met the better off overall test. The union argued that the agreement provided significant improvements in wages, leave entitlements, and other conditions of employment, which outweighed any potential negative impacts. The employer argued that certain clauses were overly restrictive and could lead to increased costs and inefficiencies. However, the Commission found that the union had demonstrated that the agreement provided a net benefit to the employees and was in line with industry standards. The Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the enterprise agreement with minor modifications. The Commission found that the agreement was fair and reasonable and met the better off overall test. The union had demonstrated that the agreement provided significant improvements in wages, leave entitlements, and other conditions of employment, which outweighed any potential negative impacts. The employer's concerns about certain clauses were addressed through the modifications, and the agreement was deemed to be in line with industry standards. The Commission's decision provides guidance for future enterprise agreements in the fire protection industry and reinforces the importance of meeting the better off overall test.

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