DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3719)

THE TRUSTEE FOR FIRE BOAR UNIT TRUST T/A FIRE BOAR 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 Trustee for Fire Boar Unit Trust t/a Fire Boar 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 Trustee for Fire Boar Unit Trust t/a Fire Boar 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019. The respondent to the application, The Trustee for Fire Boar Unit Trust t/a Fire Boar Pty Ltd, did not oppose the application. The nature of the dispute was the formal approval of the terms and conditions outlined in the enterprise agreement between the union and the employer.

The legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement contained all the mandatory terms prescribed by the Act, and whether the agreement had been made in good faith and without coercion. The court was required to consider if the agreement provided for a fair and efficient workplace, and if it complied with the procedural requirements for enterprise agreements under the Act.

The Fair Work Commission found that the agreement contained all the mandatory terms required by the Fair Work Act, and that it had been made in good faith and without coercion. The agreement provided for a fair and efficient workplace, and complied with the procedural requirements for enterprise agreements under the Act. The Commission noted that the agreement contained provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement had been made after proper negotiation between the union and the employer, and that it had been put to the employees for a vote. The Commission was satisfied that the agreement met the requirements of the Act, and approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 to be registered as an enterprise agreement. The agreement is now a legally binding contract between the union and the employer, and sets out the terms and conditions of employment for the employees covered by the agreement. The registration of the agreement provides certainty and stability for both the employer and the employees, and ensures that the agreement complies with the requirements of the Fair Work Act.

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