DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4709)

NATIONAL FIRE SOLUTIONS QLD 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 National Fire Solutions QLD 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 National Fire Solutions QLD 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was made for the approval of the National Fire Solutions QLD Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The applicant union sought the endorsement of the agreement by the Fair Work Commission, aiming to ensure the terms and conditions of employment for workers in the fire services sector were properly regulated. The primary dispute centred on the validity and fairness of the agreement in line with the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement was made in good faith, whether it was genuinely bargained between the parties, and whether it met the standards of procedural fairness. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were not in the best interests of the employees.

The Fair Work Commission, after examining the evidence and submissions from both parties, found that the agreement was made in good faith and reflected a genuine bargain between the employer and the union. The commission determined that the agreement met all procedural fairness requirements and was in compliance with the standards set by the Fair Work Act. Consequently, the application for approval of the collective agreement was successful.

The final order of the Fair Work Commission was that the National Fire Solutions QLD Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 was approved, effective from the date of the decision. The agreement was to be registered and binding on all parties involved, ensuring that the terms and conditions of employment for the workers in the fire services sector were properly regulated.

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