DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3730)

PLATINUM FIRE SYSTEMS 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 Platinum Fire Systems 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 Platinum Fire Systems 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 before the court involved an application for the approval of the Platinum Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The applicants, the union and the employer, sought the court's approval of the collective agreement under section 232 of the Fair Work Act 2009. The union argued that the agreement contained necessary provisions to regulate the employment terms and conditions of its members, while the employer contended that the agreement was necessary for the efficient operation of its business.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 232 of the Act. This required the court to consider whether the agreement contained only matters that were bargainable and not prohibited by the Act, whether it was in the best interests of the employees, and whether it was made in good faith and without coercion. Additionally, the court needed to determine whether the agreement contained necessary provisions for the efficient operation of the employer's business.

In delivering its decision, the court held that the agreement met the criteria for approval under the Act. The court found that the agreement contained only bargainable matters and was not prohibited by the Act. The court also held that the agreement was in the best interests of the employees, as it provided for necessary provisions for the efficient operation of the employer's business. Furthermore, the court found that the agreement was made in good faith and without coercion, as both parties had negotiated the agreement in a fair and reasonable manner.

The court approved the agreement and made an order under section 232(2) of the Fair Work Act 2009 that the Platinum Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 be approved. The order was made on the basis that the agreement met the criteria for approval under the Act and was in the best interests of 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