DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4444)

PREMIER FIRE PTY LTD T/A PREMIER FIRE NQ AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Premier Fire Pty Ltd t/a Premier Fire NQ 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 Premier Fire Pty Ltd t/a Premier Fire NQ 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 1 August 2016 and, in accordance with s.54, will operate from 8 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Premier Fire Pty Ltd t/a Premier Fire NQ, in relation to a collective agreement. The dispute centres on the application for approval of the CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019, and was heard in the Fair Work Commission. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and if the agreement was in the best interests of the employees involved.

The Fair Work Commission considered the provisions of the Fair Work Act and the terms of the agreement. It examined the process by which the agreement was negotiated and whether it was made in good faith. The Commission also assessed if the agreement provided for a fair and reasonable outcome for the employees, taking into account the economic and social context. The Commission found that the agreement satisfied the legislative requirements and was in the best interests of the employees. The agreement was approved based on its provisions, which were fair and reasonable considering the context and the process by which it was negotiated.

The Fair Work Commission approved the CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019, finding that it complied with the Fair Work Act and was in the best interests of the employees. The Commission considered the terms of the agreement, the negotiation process, and the economic and social context in making its decision. The agreement was approved on the basis that it provided a fair and reasonable outcome for the employees.

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