DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3258)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the Fire Domain 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 Fire Domain 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 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 involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of an enterprise agreement between Fire Domain Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union sought approval for the agreement which was intended to regulate the terms and conditions of employment for employees within the relevant industries in New South Wales and the Australian Capital Territory.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the relevant provisions of the Act, including whether it was made in good faith and whether it included the necessary minimum terms. The union argued that the agreement was fair and reasonable and met all statutory requirements. In contrast, the employer raised concerns about the potential impact of certain clauses on business operations and argued that some terms were not in the best interests of the employees.

After considering the submissions from both parties, the Commission found that the proposed enterprise agreement complied with the statutory requirements for approval. The Commission noted that the agreement contained all the prescribed minimum terms and had been made in good faith. While acknowledging some concerns raised by the employer, the Commission determined that these did not outweigh the overall fairness of the agreement. Consequently, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees and conducive to a productive workplace.

No specific orders were made in this case beyond the approval of the enterprise agreement. The agreement is now in effect and will govern the employment conditions of the relevant employees until it expires or is replaced by a new agreement.

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