DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4800)

JANKERN PTY LTD & TFS ENTERPRISES PTY LTD T/A PAARIL FIRE SERVICES AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the Jankern Pty Ltd & TFS Enterprises Pty Ltd t/a Paaril Fire Services 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 Jankern Pty Ltd & TFS Enterprises Pty Ltd t/a Paaril Fire Services 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 10 August 2016 and, in accordance with s.54, will operate from 17 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) and Jankern Pty Ltd and TFS Enterprises Pty Ltd trading as Paaril Fire Services and CEPU Plumbing Division Fire Services Union (the respondents). The applicant sought approval from the Fair Work Commission for the Collective Agreement 2015 – 2019. The dispute centred on the procedural fairness of the Commission's earlier decision to dismiss the application for approval, and the correctness of the legal principles applied in that decision. The case was heard in the Fair Work Commission.

The primary legal issue was whether the Commission had acted in a manner that was procedurally unfair when it dismissed the application for approval of the collective agreement. The applicant argued that the Commission had failed to properly consider the evidence and had misapplied the law in reaching its decision. The applicant also sought to have the decision quashed and for the Commission to reconsider the application on its merits.

In considering the matter, the Commission found that there had been no procedural unfairness in the earlier decision. The Commission held that it had given proper consideration to the evidence and had applied the correct legal principles. The Commission found that the evidence did not support the applicant's case for approval of the collective agreement, and that the agreement did not meet the requirements of the Fair Work Act. The Commission therefore dismissed the application for approval of the collective agreement.

The Fair Work Commission dismissed the application for review of its earlier decision. The Commission held that it had acted in a manner that was procedurally fair and that its earlier decision was correct. The Commission's decision was affirmed, and the application for approval of the collective agreement was dismissed.

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