DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3467)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Efficient 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 Efficient 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 17 June 2016 and, in accordance with s.54, will operate from 24 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Efficient Fire Solutions Pty Ltd. The dispute centred around the application for the approval of the Enterprise Agreement NSW & ACT 2015-2019. The applicant union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which had jurisdiction to determine the application in accordance with the legislative provisions.

The central legal issue before the Commission was whether the agreement met the statutory requirements for registration as set out in the Fair Work Act 2009. The Commission had to consider whether the agreement contained the necessary provisions to ensure that employees were not worse off in terms of their wages, conditions, or other benefits. Additionally, the Commission needed to assess whether the agreement complied with the requirements for good faith bargaining and whether the union had conducted a ballot of its members in accordance with the relevant provisions of the Act.

In making its determination, the Commission examined the terms and conditions of the agreement, including the provisions relating to wages, hours of work, and other employment benefits. The Commission found that the agreement provided for a fair and reasonable outcome for employees, and that it did not result in any employee being worse off in terms of their wages or conditions. The Commission also concluded that the union had conducted a ballot of its members in accordance with the requirements of the Act, and that the agreement had been negotiated in good faith. Based on these findings, the Commission approved the agreement and ordered that it be registered as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission's decision to approve the Enterprise Agreement NSW & ACT 2015-2019 provides important guidance for employers and unions in the communications, electrical, and plumbing industries. The decision confirms that agreements that provide for fair and reasonable outcomes for employees, and that comply with the requirements of the Fair Work Act 2009, will be approved by the Commission. Employers and unions in these industries should take note of the Commission's decision and ensure that their agreements meet the necessary statutory requirements.

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