DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3540)

TASKO GROUP 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 Tasko Group 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 Tasko Group 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 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 parties to the proceedings were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union, and the Tasko Group Pty Ltd. The matter before the Fair Work Commission (FWC) was an application for the approval of the Tasko Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The union and the employer sought the FWC's approval of the agreement, which had been negotiated and agreed upon by the parties. The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The FWC found that the agreement was consistent with the provisions of the Fair Work Act and met all the necessary requirements. The agreement was deemed to be a bona fide enterprise agreement, as it was negotiated in good faith and covered the necessary employees. The FWC also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The FWC approved the agreement, subject to certain modifications, which were made to ensure that the agreement complied with the relevant provisions of the Fair Work Act. The modifications included changes to the agreement's provisions relating to penalty rates, overtime, and shift loadings.

The FWC's approval of the agreement was subject to the parties lodging the approved agreement with the Australian Industrial Relations Commission within 28 days of the decision. The parties were also required to take all necessary steps to give effect to the approved agreement. The FWC's decision was final and binding on the parties and could not be challenged in any court or tribunal. The approved agreement would now form the basis of the employment 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