DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3385)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

Application for approval of the Northern 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 Northern 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 21 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 involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Northern Fire Protection Pty Ltd (the "Employer"). The dispute related to the approval of an enterprise agreement between the Union and the Employer, specifically the Northern Fire Protection Pty Ltd & CEPU NSW/ NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. This case was heard by the Fair Work Commission (FWC).

The central legal issue in this case was whether the terms of the proposed enterprise agreement were in compliance with the requirements of the Fair Work Act 2009. Specifically, the Union sought approval for the agreement, while the Employer raised concerns about certain provisions. The FWC had to determine if the agreement met the criteria for approval, including that it provided for the appropriate minimum terms and conditions, and did not unfairly discriminate against any class of employee.

The FWC considered the arguments presented by both parties and examined the terms of the agreement. The FWC found that the proposed enterprise agreement met the legislative requirements and did not contain any provisions that unfairly discriminated against any class of employee. Consequently, the FWC approved the agreement, confirming that it provided for the appropriate minimum terms and conditions and did not contain any invalid provisions. The Union's application for approval of the enterprise agreement was therefore successful.

The Fair Work Commission approved the Northern Fire Protection Pty Ltd & CEPU NSW/ NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. This decision confirms the validity of the agreement and its compliance with the Fair Work Act 2009. The approval of this enterprise agreement ensures that the terms and conditions of employment for the relevant employees are adequately protected and regulated.

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