DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3622)

TRIUMPH FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 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 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 September 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 an enterprise agreement between Triumph Fire Solutions Pty Ltd and two unions, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary dispute was whether the proposed agreement complied with the statutory requirements for approval under the Act.

The legal issues that the Commission had to resolve included whether the agreement was genuinely negotiated, whether it provided for a fair and efficient workplace, and whether it adhered to the good faith bargaining obligations. The Commission also considered if the agreement was consistent with the national system of minimum wages and other entitlements as prescribed by the Act. Moreover, the Commission had to assess if the agreement appropriately balanced the interests of both employers and employees.

After carefully reviewing the submissions and evidence presented by both parties, the Commission concluded that the agreement met the statutory criteria for approval. The Commission found that the agreement was genuinely negotiated, provided for a fair and efficient workplace, and complied with the good faith bargaining obligations. Furthermore, the Commission determined that the agreement did not undermine the national system of minimum wages and other entitlements. As a result, the Commission approved the enterprise agreement, recognising its compliance with the legislative requirements.

The Fair Work Commission approved the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019, and the decision is now final and binding on the parties.

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