DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3368)

EXTINGUISHED FIRE (NSW) 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 Extinguished Fire (NSW) 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 Extinguished Fire (NSW) 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 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of a proposed enterprise agreement under section 230 of the Fair Work Act 2009. The agreement was for Extinguished Fire (NSW) Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The matter was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically whether it met the ‘better off overall test’ (BOOT). This test assesses whether employees would be better off financially and in terms of conditions if the agreement were to be approved, compared to the applicable award or safety net. Additionally, the court needed to determine if the agreement adhered to the general protections provisions and did not include any terms that would be unfair to employees.

The Fair Work Commission found that the proposed agreement did indeed meet the BOOT. The commission concluded that employees would be better off overall, as the agreement provided for increased wages, improved working conditions, and additional benefits, all of which exceeded the minimum standards set by the applicable awards. The commission also found that the agreement did not contain any terms that would be considered unfair or detrimental to employees and complied with the general protections provisions of the Fair Work Act.

Consequently, the Fair Work Commission approved the proposed enterprise agreement, recognising it as a valid and binding agreement between the parties. The decision underscores the importance of ensuring that any proposed enterprise agreement not only meets the statutory requirements but also provides tangible benefits to employees.

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