DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6785)

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

Plumbing industry
COMMISSIONER GREGORY	SYDNEY, 23 NOVEMBER 2016

Application for approval of the Triple M Fire 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 Triple M Fire 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 30 November 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Triple M Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute was heard by the Fair Work Commission of Australia, which was tasked with determining whether the enterprise agreement met the necessary legal criteria for approval. The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the coverage of the agreement and whether it was made in good faith and without coercion.

The Fair Work Commission examined the provisions of the agreement and the process by which it was made. It considered whether the agreement covered employees who were appropriately represented by the union, and whether the union had a sufficient membership interest in the bargaining area. The Commission also assessed whether the agreement had been negotiated in good faith and whether there was any evidence of undue influence or coercion in the bargaining process. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement satisfied the legal requirements for approval.

The Fair Work Commission approved the enterprise agreement, finding that it was fairly and appropriately negotiated and met all statutory criteria. The decision emphasised the importance of ensuring that agreements are made without coercion and represent the genuine interests of the employees involved. The Commission highlighted that the union had demonstrated a sufficient membership interest and that the agreement was made in good faith. As a result, the agreement was approved, allowing it to take effect from the specified commencement date.

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