DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5398)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Unified Fire Protection 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 Unified Fire Protection 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.

[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 26 September 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 parties involved in the application were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Unified Fire Protection Pty Ltd. The dispute centred around the approval of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The matter was heard in the Fair Work Commission. The legal issues before the court were whether the agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the public interest, if it provided for the fair and equitable treatment of employees, and if it complied with the relevant provisions of the Fair Work Act.

The court examined the agreement in detail, considering the evidence presented by both parties. It was noted that the agreement included provisions for fair pay and conditions, and that it was in the public interest as it provided for a stable and predictable industrial relations environment. The court was satisfied that the agreement provided for the fair and equitable treatment of employees and that it complied with the relevant provisions of the Fair Work Act. Therefore, the court approved the agreement, finding that it met all the statutory requirements for approval. The court also noted that the agreement was a good example of a modern enterprise agreement that balanced the interests of both employers and employees.

In summary, the Fair Work Commission approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The court found that the agreement met all the statutory requirements for approval, including that it was in the public interest and provided for the fair and equitable treatment of employees. The court also noted that the agreement complied with the relevant provisions of the Fair Work Act. The approval of the agreement will provide for a stable and predictable industrial relations environment for the parties involved.

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