DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6514)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Webfire Services 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 Webfire Services 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 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Webfire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The union sought approval for the enterprise agreement, which was the subject of contention between the parties. The case was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issue before the court was whether the enterprise agreement met the necessary legal criteria for approval. This included assessing whether the agreement was made in good faith, whether it contained the minimum terms and conditions mandated by law, and whether it adhered to the procedural requirements stipulated by the Fair Work Act 2009. Additionally, the court had to determine if the agreement was fair and reasonable, taking into account the interests of both employees and employers.

The Fair Work Commission carefully examined the terms and conditions of the enterprise agreement. It considered the bargaining process, the fairness of the agreement, and the adherence to legal requirements. The Commission found that the agreement was made in good faith, contained the minimum terms and conditions, and followed the necessary procedures. Furthermore, it was deemed fair and reasonable, balancing the interests of both employees and employers. Consequently, the court approved the enterprise agreement.

The Fair Work Commission's final order was the approval of the Webfire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, subject to the terms and conditions outlined in the agreement. This decision provided certainty and clarity for both parties, ensuring that the agreement would govern the employment relationship between the union and the company for the specified period.

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