DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4374)

SOUTHERN CROSS FIRE PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Southern Cross Fire 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 Southern Cross Fire 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 4 August 2016 and, in accordance with s.54, will operate from 11 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 case before the Fair Work Commission was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Southern Cross Fire Pty Ltd, and the CEPU Plumbing Division Fire Services Union. The union sought approval of the Collective Agreement 2015 – 2019. The dispute centred around the terms and conditions of employment of the union members working for Southern Cross Fire Pty Ltd and the fairness and reasonableness of the agreement reached between the parties.

The primary legal issue for the Commission to decide was whether the collective agreement was in the interests of the employees and whether it complied with the Fair Work Act 2009. The Commission had to assess the fairness and reasonableness of the agreement, including the provisions related to wages, hours of work, leave, and other employment conditions. Additionally, the Commission had to determine if the agreement met the statutory requirements for approval and whether it adhered to the principles of good faith bargaining and the protection of employee rights.

The Commission conducted a thorough analysis of the collective agreement, taking into account the specific circumstances of the employees and the employer. The Commission found that the agreement was fair and reasonable, as it provided for adequate wage increases, included provisions for leave and other benefits, and addressed various employment-related issues. The Commission also considered the good faith bargaining process that led to the agreement and determined that the agreement was in line with the principles of the Fair Work Act. Based on this assessment, the Commission approved the collective agreement, recognising its benefits for both the employees and the employer.

In its decision, the Commission approved the collective agreement, ensuring that the terms and conditions of employment for the union members working for Southern Cross Fire Pty Ltd were fair and reasonable. The approval of the agreement by the Commission is an essential step in ensuring the protection of employee rights and maintaining a balanced relationship between employers and employees within the industry.

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