DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4567)

AUSCOAST FIRE SERVICES PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Auscoast Fire Services 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 Auscoast Fire Services 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 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 2 August 2016 and, in accordance with s.54, will operate from 9 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 was an application for the approval of the Auscoast Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The applicant, the union, sought approval of the agreement under the Fair Work Act 2009. The respondent, the employer, did not oppose the application but raised concerns about certain provisions within the agreement.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement was a genuine enterprise agreement and whether it complied with the procedural and substantive provisions of the Act. Specifically, the Commission needed to determine if the agreement contained appropriate dispute resolution mechanisms, and if it adhered to the ‘better off overall test’ (BOOT).

The Fair Work Commission found that the collective agreement was a genuine enterprise agreement and met all the necessary criteria for approval. The Commission noted that the agreement contained appropriate dispute resolution provisions and that the union had adequately demonstrated that the agreement was better off overall for the employees. The Commission acknowledged the employer's concerns but found that they did not outweigh the benefits provided by the agreement to the employees. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Auscoast Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, effective from 1 July 2015 to 30 June 2019. The Commission's decision was based on its finding that the agreement was a genuine enterprise agreement, complied with the procedural and substantive provisions of the Fair Work Act, and met the better off overall test. The approval ensures that the terms and conditions of employment for the employees are regulated by the agreed-upon provisions for the duration 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