DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3081)

PREMIER FIRE SERVICES (NSW) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Premier Fire Services (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 Premier Fire Services (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] 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 31 May 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 matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Premier Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The application was heard by the Fair Work Commission in Australia, where the union sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, specifically if it provided for the minimum terms and conditions of employment as required by the Act.

The court was required to determine if the enterprise agreement was a genuine bargain between the employer and the union, if it contained the minimum terms and conditions as stipulated by the Act, and if it was free from any illegality or coercion. The union argued that the agreement was a genuine bargain and contained all the necessary minimum terms, while the employer raised concerns about certain provisions of the agreement.

The Fair Work Commission examined the evidence presented by both parties and found that the agreement was a genuine bargain between the employer and the union. The court noted that the agreement contained all the required minimum terms and conditions as set out in the Fair Work Act 2009 and was free from any illegality or coercion. The Commission was satisfied that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Premier Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The agreement was deemed to be a genuine bargain between the employer and the union, contained all the necessary minimum terms and conditions, and was free from any illegality or coercion. The approval of the agreement ensures that the employees covered by it will receive fair and reasonable terms and conditions of employment.

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