DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3724)

ASSET FIRE SECURITY & MECHANICAL SERVICES 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 Asset Fire Security & Mechanical Services 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 Asset Fire Security & Mechanical Services 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 in the Fair Work Commission involved an application by Asset Fire Security & Mechanical Services Pty Ltd for approval of a collective agreement with the CEPU Plumbing Division Fire Services Union for the period 2015 to 2019. The union sought approval of the agreement under the Fair Work Act 2009. The parties contested various aspects of the agreement, including provisions related to employment conditions, pay rates, and dispute resolution mechanisms.

The central legal issues revolved around whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the standards for fair and reasonable terms as per the Commission's guidelines. Specifically, the union argued that the agreement adequately represented the interests of the employees, while the employer contended that certain provisions were overly restrictive and not in line with industry standards.

The Commission carefully examined the agreement, taking into account the evidence presented by both parties. It found that the agreement generally met the legal requirements of the Fair Work Act. The Commission noted that while some provisions could be considered stringent, they were necessary to ensure fair and reasonable terms for the employees. The agreement was ultimately approved, subject to certain modifications to address minor non-compliance issues identified during the review.

The Fair Work Commission ordered the approval of the collective agreement with the specified modifications. The modifications were intended to bring the agreement fully into compliance with the statutory requirements and ensure that it provided fair and reasonable terms for the employees.

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