DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3619)

ELIMINATE FIRE 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 Eliminate Fire 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 Eliminate Fire 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Eliminate Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The applicant argued that the agreement was made in good faith and complied with relevant provisions of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with Commissioner McCabe presiding.

The central issue before the Commission was whether the agreement was made in good faith and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the applicant had taken reasonable steps to ensure that the agreement was made in good faith, and if the agreement contained provisions that were contrary to public policy. The Commission also considered whether the agreement met the criteria for approval under the Fair Work Act.

In reaching its decision, the Commission considered the evidence presented by the applicant and the submissions made by the parties. The Commission found that the applicant had taken reasonable steps to ensure that the agreement was made in good faith and that the agreement met the criteria for approval under the Fair Work Act. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Eliminate Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019, finding that it was made in good faith and complied with the relevant provisions of the Fair Work Act. The applicant's application for approval was therefore successful.

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