DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3641)

FIREVAC SERVICES PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the Firevac 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 Firevac 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 11 July 2016 and, in accordance with s.54, will operate from 18 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Firevac Services Pty Ltd, who sought approval of their collective agreement for the years 2015 to 2019. The application was heard by the Fair Work Commission, which is responsible for approving such agreements under Australian labour law. The union and the employer argued that the agreement was fair and reasonable, while no other party contested the application.

The legal issues before the Commission were whether the agreement met the requirements of section 232 of the Fair Work Act 2009, specifically that the agreement must be in the best interests of the employees and not be detrimental to the national economy. The Commission also needed to consider whether the agreement was free from any unlawful provisions, such as those that discriminated against employees on the basis of gender, age, or disability.

In delivering its decision, the Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and did not include any unlawful provisions. The Commission was satisfied that the agreement was in the best interests of the employees, and would not have an adverse effect on the national economy. The Commission also found that the agreement contained provisions that were designed to improve the safety and efficiency of the workplace, and would therefore benefit both the employees and the employer. The Commission approved the agreement, noting that it met all the legal requirements set out in the Fair Work Act.

The Fair Work Commission approved the Firevac Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, finding that it was fair and reasonable, and did not contain any unlawful provisions. The Commission was satisfied that the agreement was in the best interests of the employees and would not have an adverse effect on the national economy. The agreement was approved as it met all the legal requirements set out in the Fair Work Act.

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