DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3721)

BRISBANE 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 Brisbane 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 Brisbane 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") filed an application seeking approval of the Brisbane Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 (the "Agreement"). The dispute arose due to disagreements between the Applicant and Brisbane Fire Protection Pty Ltd (the "Employer") regarding the terms and conditions of employment for employees within the CEPU Plumbing Division Fire Services Union. The Commission was required to determine whether the Agreement was a "single interest employer agreement" and whether it contained provisions that were contrary to the public interest or not in the best interests of the employees.

The primary legal issue before the Commission was whether the Agreement was a "single interest employer agreement" as defined in section 172 of the Fair Work Act 2009 (Cth). The Applicant argued that the Agreement was a single interest employer agreement, while the Employer contended that it was not. The Commission considered whether the Agreement was made between a single employer and a single union representing a single class of employees. Additionally, the Commission examined whether the Agreement contained any provisions that were contrary to the public interest or not in the best interests of the employees.

After reviewing the evidence and submissions from both parties, the Commission found that the Agreement was a single interest employer agreement. The Commission noted that the Agreement was made between a single employer and a single union representing a single class of employees. The Commission also concluded that the Agreement did not contain any provisions that were contrary to the public interest or not in the best interests of the employees. Consequently, the Commission approved the Agreement as a registered single interest employer agreement.

The Commission approved the Brisbane Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 as a registered single interest employer agreement, effective from 1 July 2015 to 30 June 2019. This decision resolved the dispute between the Applicant and the Employer, providing a framework for the terms and conditions of employment for employees within the CEPU Plumbing Division Fire Services Union.

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