DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5845)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Exclusive Fire Solutions 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 Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 -2019the 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 case before the Fair Work Commission involved an application for the approval of the Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The parties involved were the Exclusive Fire Solutions Pty Ltd, represented by its employer representative, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union.

The primary legal issue the court had to address was whether the enterprise agreement satisfied the criteria for approval as outlined in the Fair Work Act. Specifically, the court needed to determine if the agreement complied with the good faith bargaining requirements, whether it contained the necessary terms and conditions for employment, and if it adhered to the provisions concerning the avoidance of industrial action. Additionally, the court examined if the agreement was consistent with the applicable minimum standards set forth in the National Employment Standards and other relevant awards and agreements.

In its decision, the Fair Work Commission carefully reviewed the provisions of the enterprise agreement against the statutory requirements. The court found that the agreement was negotiated in good faith and contained all the essential terms and conditions of employment. It also determined that the agreement did not include any provisions that would undermine the minimum standards or encourage industrial action. Consequently, the Commission approved the agreement, finding it to be fair and balanced in accordance with the provisions of the Fair Work Act.

As a result of the court's decision, the Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 was approved. This determination ensures that the terms of the agreement are legally enforceable and that it provides a fair framework for the employment relationship between the employer and the union.

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