DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4631)

TILLEY BUSINESS HOLDINGS PTY LTD T/A SUPREME FIRE AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Tilley Business Holdings Pty Ltd t/a Supreme Fire 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 Tilley Business Holdings Pty Ltd t/a Supreme Fire 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 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 5 August 2016 and, in accordance with s.54, will operate from 12 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 Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Tilley Business Holdings Pty Ltd trading as Supreme Fire and CEPU Plumbing Division Fire Services Union (the "Employer"). The Union sought approval of a collective agreement between the parties for the period 2015 to 2019. The dispute centred around the fairness and reasonableness of the terms and conditions outlined in the proposed agreement.

The central legal issues the Commission needed to address included whether the proposed agreement met the criteria for "modern awards" as defined under the Fair Work Act 2009, and if it adequately covered the essential terms and conditions of employment. The Commission also had to consider whether the agreement was fair and reasonable, taking into account factors such as the nature of the bargaining relationship, the bargaining context, and the overall fairness of the agreement.

In its decision, the Fair Work Commission found that the proposed agreement did indeed meet the legislative requirements for modern awards. It was comprehensive in covering the essential terms and conditions of employment, including wages, leave, and other employment-related matters. The Commission also concluded that the agreement was fair and reasonable, considering the specific context of the bargaining relationship and the industry standards. The decision noted the parties' good faith efforts in negotiating the agreement, which contributed to its overall fairness.

As a result, the Fair Work Commission approved the Tilley Business Holdings Pty Ltd t/a Supreme Fire and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, thereby resolving the Union's application. This decision ensured that the agreed terms and conditions would be legally binding and enforceable for the specified period.

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