DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3673)

OFF TAP FIRE PROTECTION & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Off Tap Fire Protection & 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 Off Tap Fire Protection & 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 1 July 2016 and, in accordance with s.54, will operate from 8 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Off Tap Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The application was heard in the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements in Australia.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the process for application, the necessity of the agreement for the protection of employees' interests, and whether it contained provisions that were contrary to public policy. The Commission also had to consider whether the agreement was fairly negotiated and whether it met the requirements for disclosure and information.

The Commission found that the application process was followed correctly and that the agreement was fairly negotiated. It was noted that the agreement contained provisions that were consistent with the Fair Work Act and did not contravene public policy. The Commission determined that the agreement would protect the interests of the employees and was in the best interests of the employers. Consequently, the Commission approved the enterprise agreement, recognising its benefits for both the employees and employers involved.

The Fair Work Commission approved the Off Tap Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, confirming its compliance with the Fair Work Act 2009 and its benefits to the parties involved.

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