DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3469)

MACK FIRE PROTECTION 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 Mack 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 Mack 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 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of the Mack Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The agreement was between Mack Fire Protection Pty Ltd and the union, representing employees within the enterprise. The application aimed to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The central legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act, including whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for all parties involved. The Commission examined whether the agreement adhered to the statutory requirements and if it was made without coercion, undue influence, or any other unfair practices.

The Fair Work Commission concluded that the application for approval of the enterprise agreement was successful. The Commission determined that the agreement was made in good faith and provided for a fair and reasonable outcome for all parties involved. The Commission found that the agreement adhered to the statutory requirements and was not made under coercion, undue influence, or any other unfair practices. The Commission further noted that the agreement contained provisions that addressed the rights, obligations, and responsibilities of both the employer and the employees, and that it provided for a comprehensive framework for the resolution of any disputes that may arise during the term of the agreement. The Commission approved the agreement as a registered enterprise agreement under the Fair Work Act 2009.

The Fair Work Commission's decision to approve the enterprise agreement provides certainty and stability for both the employer and the employees within the enterprise. The approval of the agreement ensures that the rights and obligations of both parties are clearly defined and that any disputes that may arise during the term of the agreement can be resolved in a fair and reasonable manner. The Commission's decision also serves as a reminder of the importance of good faith bargaining and the need for all parties to adhere to the statutory requirements when entering into an enterprise agreement. The approval of the agreement will now allow the parties to focus on the implementation of the agreement and the continued growth and development of the enterprise.

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