DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4376)

BLACK & WHITE FIRE SYSTEMS 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 Black & White Fire Systems 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 Black & White Fire Systems 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 before the Fair Work Commission involved an application for the approval of a new enterprise agreement between Black & White Fire Systems Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement was set to govern employees within the New South Wales and Australian Capital Territory regions for the period from 2015 to 2019. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions and if it had been fairly negotiated.

The primary legal issues before the Commission were whether the agreement complied with the statutory minimum standards, including minimum wages, penalty rates, and leave entitlements. The Commission also had to determine if the agreement had been negotiated in good faith and if it met the criteria for being a single, integrated, and coherent agreement. Additionally, the Commission examined whether the agreement was likely to achieve better productivity, efficiency, and profitability for the employer without disadvantaging the employees.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties and assessed the agreement against the statutory framework. The Commission found that the agreement did contain the necessary minimum terms and conditions and was consistent with the statutory minimum standards. It was also satisfied that the agreement had been negotiated in good faith and met the criteria for being a single, integrated, and coherent agreement. Consequently, the Commission approved the proposed enterprise agreement, noting that it was likely to achieve better productivity, efficiency, and profitability for the employer without disadvantaging the employees.

The Fair Work Commission approved the Black & White Fire Systems Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 – 2019, thereby resolving the dispute in favour of the employer. The agreement was set to provide a framework for fair and equitable employment terms for the employees during 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