DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3465)

PULSE 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 Pulse 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 Pulse 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 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 case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Pulse Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute arose as the applicant union needed to confirm the agreement's validity and enforceability under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issues before the court were whether the agreement met the formal requirements of the Fair Work Act, and whether it was made in good faith and without coercion. Specifically, the court needed to determine if the agreement was fairly negotiated and if it contained all the necessary provisions as stipulated by the Act. The court also considered whether the union had genuinely negotiated the agreement and whether it was in the best interest of the employees.

The Fair Work Commission found that the agreement complied with the formal requirements of the Fair Work Act, including the necessary consultation processes and the inclusion of all mandated provisions. The court further determined that the agreement was negotiated in good faith and without coercion, as evidenced by the detailed records of negotiations and the presence of independent witnesses. The commission concluded that the union had genuinely negotiated the agreement and that it was in the best interest of the employees. Therefore, the court approved the enterprise agreement.

As a result of the court's decision, the Pulse Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 was approved and is now legally binding on both parties. The agreement will govern the terms and conditions of employment for the employees covered by the agreement until its expiry or until a new agreement is made.

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