DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5433)

P & R FIRE SERVICES PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the P & R Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the
P & R Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 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 14 October 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the P & R Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 (the Agreement). The dispute arose under the Fair Work Act 2009, specifically concerning the process for approving the Agreement as a registered agreement, which is necessary for it to have legal effect.

The primary legal issue before the court was whether the Agreement met the statutory requirements for registration under the Fair Work Act. This included examining whether the Agreement contained the necessary minimum terms and conditions, and whether the bargaining process complied with the procedural requirements of the Act. The court was also required to consider if the Agreement was in the best interests of the employees it covered, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The court examined the provisions of the Fair Work Act and the specific requirements for the registration of a collective agreement. It assessed the content of the Agreement against the statutory minimum terms and conditions and found that it adequately covered these areas. The court also reviewed the evidence of the bargaining process, confirming that it was conducted in accordance with the procedural requirements of the Act. Additionally, the court considered submissions from the parties regarding the interests of the employees and concluded that the Agreement was likely to promote harmonious, productive and cooperative workplace relations. Given these findings, the court approved the Agreement for registration under the Fair Work Act.

The court's final order was that the P & R Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 be approved and registered under the Fair Work Act 2009. This decision provided legal effect to the Agreement, allowing it to operate as a binding contract between the employer and the employees covered by the Agreement.

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