Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Case [2016] FWCA 3302


[2016] FWCA 3302
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1163)

SAWYERS FIRE SYSTEMS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2015-2019

Plumbing industry

COMMISSIONER GREGORY

MELBOURNE, 25 MAY 2016

Application for approval of the Sawyers Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Sawyers Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 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 1 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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<Price code J, AE419095  PR580716>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FWCA 3302
Case
[2016] FWCA 3302
Decision Date

CaseChat Overview and Summary

In the recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a particular industrial agreement. The dispute centred around the Sawyers Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019, with the Court tasked with determining whether this agreement should be ratified. The case was heard in the Fair Work Commission.

The legal issues at hand revolved around the fairness and compliance of the agreement with the relevant industrial legislation. The Union argued that the agreement was fair and should be approved, while Sawyers Fire Systems Pty Ltd raised concerns about certain provisions. The Commission had to assess whether the agreement met the necessary standards under the Fair Work Act.

The Fair Work Commission carefully examined the terms of the agreement, taking into account the submissions from both parties. It found that the agreement was fair and reasonable, and in the best interests of the employees covered by it. The Commission concluded that the agreement complied with the relevant provisions of the Act and should be approved. The Union's application was subsequently granted.

The Fair Work Commission's decision was to approve the Sawyers Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019. This ruling ensures that the agreement will be in effect for the specified period, providing a framework for the relationship between the employer and employees. The decision provides clarity and certainty for all parties involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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