DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4413)

MAJA SPRINKLER CO PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Maja Sprinkler Co 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 Maja Sprinkler Co 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. 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 4 August 2016 and, in accordance with s.54, will operate from 11 August 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 case involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Maja Sprinkler Co Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The application was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, specifically focusing on the agreement's compliance with the relevant legislative framework governing enterprise agreements.

The legal issues the court had to address were whether the enterprise agreement complied with the necessary provisions of the Fair Work Act 2009, including its adherence to the "better off overall test" and whether it contained provisions that were contrary to public policy. The court also had to determine whether the agreement was made in good faith and whether it was appropriately certified by the relevant authorities.

In reaching its decision, the court meticulously examined the contents of the agreement, considering various aspects of its compliance with the relevant legislative requirements. The court determined that the agreement met the "better off overall test" as it was found to be beneficial to the employees in comparison to the applicable award or safety net. The court also concluded that the agreement did not contain any provisions that were contrary to public policy. Furthermore, the court was satisfied that the agreement was made in good faith and was appropriately certified, thus meeting all the necessary criteria for approval. Consequently, the court approved the enterprise agreement, allowing it to take effect from the specified date.

The court's decision was final, and the enterprise agreement was approved, with no further orders required. The approval signified that the agreement could now be implemented, governing the terms and conditions of employment for the relevant employees within the scope of the agreement.

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