DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3480)

OHP FIRE SERVICES & 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 OHP Fire Services & 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 OHP Fire Services & 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 matter before the Fair Work Commission involved an application for the approval of the OHP Fire Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement on behalf of its members who were engaged in fire protection services within New South Wales and the Australian Capital Territory. The dispute centred on whether the terms and conditions outlined in the proposed agreement were fair and reasonable, particularly in relation to pay rates, penalty rates, and other employment conditions.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for a safety net of minimum wages and conditions and whether it was in the best interests of the employees it covered. The Commission had to consider whether the agreement adequately protected the rights and entitlements of the employees, provided for fair and reasonable terms, and complied with the statutory requirements for enterprise agreements.

In determining the matter, the Commission examined the specific provisions of the proposed agreement, including the wage rates, penalty rates, and other employment conditions. The Commission noted the submissions made by the union and the employer, and considered the broader context of the industry and the bargaining power of the parties. Ultimately, the Commission found that the agreement met the statutory criteria for approval, providing for a fair and reasonable safety net of minimum wages and conditions, and was in the best interests of the employees it covered. The Commission approved the agreement, thereby allowing it to come into effect and bind the parties involved.

The final orders of the Commission were that the OHP Fire Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, providing them with the terms and conditions outlined therein.

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