DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3664)

EXTINGUISHED FIRE PROTECTION 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 Extinguished 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 Extinguished 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 the 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Extinguished Fire Protection Pty Ltd. The union sought approval of a collective agreement between the union and the employer. The matter was heard by the Fair Work Commission. The union argued that the collective agreement was in the best interests of the employees and should be approved. The employer contested the application, stating that the agreement was not in the best interests of the employees.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered the evidence and submissions from both parties. The union argued that the agreement provided better wages and conditions for the employees and that it was in their best interests. The employer argued that the agreement was not in the best interests of the employees and that it would result in increased costs for the business.

The Commission found that the agreement was in the best interests of the employees and approved the application. The Commission found that the agreement provided better wages and conditions for the employees and that it was fair and reasonable. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. The employer's concerns about increased costs were not sufficient to override the benefits provided to the employees.

The Fair Work Commission approved the application for approval of the collective agreement. The Commission found that the agreement was in the best interests of the employees and that it complied with the relevant provisions of the Fair Work Act 2009. The employer's concerns about increased costs were not sufficient to override the benefits provided to the employees. The Commission approved the agreement, which will provide better wages and conditions for the employees covered by the agreement.

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