DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3535)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Defender Fire Protection 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 Defender Fire Protection 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 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 20 June 2016 and, in accordance with s.54, will operate from 27 June 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 union sought approval for an enterprise agreement with Defender Fire Protection Pty Ltd, in relation to its workers in New South Wales and the Australian Capital Territory. The dispute was heard by the Fair Work Commission (FWC) in Australia. The central legal issues revolved around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically in terms of minimum entitlements, the process for its negotiation, and whether it unfairly disadvantaged any employees.

The FWC examined the negotiation process and concluded that it was conducted in good faith, with proper representation from both parties. The Commission found that the agreement provided for minimum entitlements in line with the Fair Work Act, including provisions for wages, hours of work, and other terms and conditions. It also considered that the agreement did not unfairly disadvantage any employees and was in the best interests of the workforce. The FWC noted that the agreement included provisions for the resolution of future disputes and the protection of employees' rights.

Following its analysis, the FWC approved the enterprise agreement, recognising it as meeting the necessary legal standards. The approval was granted on the basis that the agreement was fair and in compliance with the statutory requirements. The FWC's decision ensures that the agreement can be implemented and enforced, providing a stable and predictable employment environment for the affected workers. The Fair Work Commission's approval of the enterprise agreement represents a resolution to the dispute, allowing the parties to move forward with the agreed terms.

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