DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4380)

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

Plumbing industry
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the Modern Fire Protection 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 Modern Fire Protection 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 15 July 2016 and, in accordance with s.54, will operate from 22 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 Fair Work Commission involved an application for approval of a collective agreement between Modern Fire Protection Pty Ltd and the CEPU Plumbing Division Fire Services Union, covering the period from 2015 to 2019. The union sought approval for the agreement, which outlined terms and conditions of employment for its members. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it appropriately balanced the interests of the employees and the employer.

The central legal issues the court needed to address were whether the collective agreement met the statutory requirements for approval under the Fair Work Act and whether it provided for fair and reasonable terms and conditions. Specifically, the court examined whether the agreement was made in good faith, whether it adhered to the principles of enterprise bargaining, and whether it included adequate provisions for employee representation, dispute resolution, and other employment conditions. The court also needed to determine if the agreement unfairly disadvantaged any party, whether it complied with the modern awards, and whether it was made in accordance with any applicable orders.

In delivering its decision, the Fair Work Commission carefully considered the terms of the agreement and the evidence presented by both parties. The Commission found that the agreement was made in good faith and was consistent with the principles of enterprise bargaining. It determined that the agreement provided for fair and reasonable terms and conditions, including provisions for employee representation and dispute resolution. The Commission was satisfied that the agreement did not unfairly disadvantage either party and that it complied with the modern awards. Based on these findings, the Commission approved the collective agreement, recognising it as a valid and enforceable instrument under the Fair Work Act.

The final orders of the Commission included the approval of the Modern Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, which was to be registered with the Fair Work Commission. The agreement was to take effect from the date of approval and would remain in force until the end of the specified period, subject to any modifications or terminations as may be agreed upon by the parties or determined by a court or the Commission.

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