DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3720)

PIPEWORK & ENGINEERING SERVICES PTY LTD T/A FIRERITE SERVICES AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the Pipework & Engineering Services Pty Ltd t/a Firerite Services 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 Pipework & Engineering Services Pty Ltd t/a Firerite Services 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 case before the Fair Work Commission involved an application by Pipework & Engineering Services Pty Ltd t/a Firerite Services and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia CEPU Plumbing Division Fire Services Union to have their collective agreement approved. The dispute centred around the terms of the agreement, which the applicant argued were fair and reasonable, while the respondent raised concerns about certain clauses. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court was required to decide included whether the collective agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for a fair and reasonable method of determining the terms and conditions of employment. The court had to consider the balance of power between the parties, the fairness of the agreement's terms, and whether it aligned with the objectives of the Act.

The Fair Work Commission found that the collective agreement was fair and reasonable. The court noted that the agreement provided for a transparent and equitable process for determining employment terms and conditions, and that it included provisions for dispute resolution that were satisfactory. The Commission also found that the agreement did not contain any terms that were against public policy or that would undermine the rights of employees. Consequently, the application for approval was successful.

The final orders of the court were that the Pipework & Engineering Services Pty Ltd t/a Firerite Services and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 be approved. The agreement was deemed to be in effect and binding on the parties from the date of the decision.

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