DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4702)

QUEENSLAND FIRE SPRINKLERS PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 18 AUGUST 2016

Application for approval of the Queensland Fire Sprinklers 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 Queensland Fire Sprinklers 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Queensland Fire Sprinklers Pty Ltd, with the CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 being the central focus. The union sought approval of the agreement from the court, which had been reached between the union and the employer. The dispute pertained to the terms and conditions of employment, including wages, working hours, leave provisions, and other workplace rights and obligations. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act 2009, specifically section 233, which mandates that an enterprise agreement must be in writing, provide for the terms and conditions of employment, and be approved by the Fair Work Commission. Furthermore, the court had to assess if the agreement was made in good faith and whether it provided for the proper resolution of any disputes that may arise. The court also considered whether the agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, reasonable working hours, and provisions for leave.

The Fair Work Commission found that the agreement met the statutory requirements and was made in good faith. The court was satisfied that the agreement provided for the proper resolution of disputes, as well as the protection of employees' rights and interests. The commission considered the negotiation process between the union and the employer and found that the agreement was a product of genuine negotiations. The court also found that the agreement contained provisions for minimum wages, reasonable working hours, and provisions for leave, which were consistent with the objectives of the Fair Work Act 2009.

The Fair Work Commission approved the Queensland Fire Sprinklers Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, finding that it met the statutory requirements and was made in good faith. The court considered the agreement to be fair and reasonable, and in the best interests of the employees covered by the agreement. The commission's approval of the agreement was a significant step in ensuring the rights and interests of the employees were protected, and that the terms and conditions of employment were fair and reasonable.

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