DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6346)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Ultrasafe Fire Protection Services & 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 Ultrasafe Fire Protection Services & 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 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 21 October 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of a specific enterprise agreement. The agreement in question was the Ultrasafe Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was fair and reasonable in terms of the provisions contained within it.

The key legal issues the court had to address were whether the agreement satisfied the criteria for approval under the Fair Work Act, particularly regarding the procedural fairness and if the agreement was free from any improper influence or coercion. The court also had to assess if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it complied with the terms of the Fair Work (Transitional Provisions) Act 2009. Additionally, the court examined if the agreement was fair and reasonable in the context of the current industrial relations environment.

The Fair Work Commission concluded that the application met the necessary criteria for approval. The court found that the agreement was procedurally fair and free from any undue influence or coercion. It was consistent with the statutory requirements and provided for fair and reasonable terms and conditions. The Commission noted that the agreement addressed various aspects of employment including wages, hours of work, leave provisions and other benefits, and these terms were considered reasonable in light of the overall industrial context. The court's decision was based on a comprehensive analysis of the agreement's provisions and its compliance with the relevant legislation.

The final orders of the Fair Work Commission approved the Ultrasafe Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, deeming it to be a lawful and fair agreement that met all statutory requirements. The agreement was thus authorised for operation and enforcement as a binding instrument between the employer and the union, effective from 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