DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5820)

PLJ HOLDINGS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the PLJ Holdings Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the PLJ Holdings Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V). 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 10 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

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Enterprise Agreement between PLJ Holdings Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union, dated 2015-2019. The dispute centred on whether the agreement contained all the mandated provisions and complied with the relevant provisions of the Fair Work Act 2009. The application was heard by the Commission in its capacity as the Fair Work Commission, exercising its powers under the Fair Work Act.

The primary legal issue for the Commission to determine was whether the Enterprise Agreement was a "modern award" as defined by the Act, and whether it satisfied the requirements of section 228 of the Act. This involved examining whether the agreement contained all the prescribed minimum terms and conditions, and whether it was free from prohibited content. The Commission also needed to consider whether the agreement had been made in good faith and whether it had been appropriately negotiated. Another key issue was whether the agreement complied with the procedural requirements of the Act, such as the necessity for employee consultation and the provision of relevant information to employees.

After a thorough review of the agreement and the submissions from both parties, the Commission determined that the Enterprise Agreement complied with the statutory requirements. The agreement was found to contain all the mandated minimum terms and conditions, and it was free from prohibited content. The Commission was satisfied that the agreement had been made in good faith and had been appropriately negotiated. The procedural requirements of the Act were also met, with proper consultation having taken place and relevant information provided to employees. As a result, the Commission approved the Enterprise Agreement, finding it to be a modern award within the meaning of the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Enterprise Agreement between PLJ Holdings Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union, dated 2015-2019. The approval is effective from the date of the decision and will remain in place until the end of the agreement's term, unless terminated earlier in accordance with its provisions or the relevant provisions of the Fair Work Act. The decision provides certainty for both parties and ensures that the agreement will operate as a modern award, providing a fair and effective framework for the employment relationship.

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