DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3726)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JULY 2016

Application for approval of the Endfire Engineering 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 Endfire Engineering 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 21 July 2016 and, in accordance with s.54, will operate from 28 July 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division Fire Services Union. The union sought approval of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The court was tasked with determining whether the agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, including the provisions concerning the registration of agreements and the requirements for fair and reasonable terms. The court also considered whether the agreement was in the best interests of the employees and whether it provided for a fair and reasonable outcome for all parties involved.

The court found that the agreement met the legislative requirements and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. The court was satisfied that the agreement provided for a fair and reasonable outcome for all parties involved and approved the agreement accordingly.

The court's final order was that the Endfire Engineering Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 be approved and registered under the Fair Work Act 2009. The court found that the agreement met the legislative requirements and was in the best interests of the employees. The court's decision provides clarity and certainty for both the union and the employer, and ensures that the employees are protected by fair and reasonable terms and conditions of employment.

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