DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3723)

PROFIRE (QLD) 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 Profire (QLD) 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 Profire (QLD) 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Profire (QLD) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. This application was before the Fair Work Commission, which is tasked with approving such agreements to ensure they comply with the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement met all the statutory requirements for approval under the Act.

The central legal issues the Commission needed to resolve were whether the agreement contained all the necessary provisions, and if it complied with the provisions of the Act. Specifically, the Commission examined whether the agreement appropriately addressed minimum wages and conditions, and whether it adhered to the principles of good faith bargaining and industrial democracy. It was also necessary to determine if the agreement had been fairly and appropriately negotiated between the parties.

In its reasoning, the Commission found that the agreement did contain all the required provisions and was in compliance with the Fair Work Act. It confirmed that the agreement provided for minimum wages and conditions that were at least equal to those set by the relevant awards or the national safety and health standards. The Commission also determined that the agreement was the result of good faith bargaining and was consistent with the principles of industrial democracy. The agreement was thus approved, as it met all the statutory requirements and was deemed to be fair and reasonable. The final orders included the approval of the collective agreement with the specified terms and conditions.

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