DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3080)

PFS MANAGEMENT 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 PFS Management 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 PFS Management 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 case involves an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and PFS Management Pty Ltd (PFS). The matter was heard in the Fair Work Commission (FWC). The Union sought approval for the Enterprise Agreement NSW & ACT 2015-2019, which aimed to govern the terms and conditions of employment for employees of PFS covered by the agreement. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly sections concerning the content and process for approval of such agreements. This included assessing if the agreement provided for minimum terms and conditions, had been negotiated in good faith, and whether the bargaining representatives were appropriately certified. Additionally, the FWC needed to determine if the agreement had been appropriately notified and if there was sufficient evidence of support from the relevant employees.

The FWC examined the application and supporting evidence, including the negotiation process, the content of the agreement, and the level of employee support. The Commission found that the agreement contained all necessary minimum terms and conditions, and that the negotiation process was conducted in good faith. The FWC also confirmed the certification of the bargaining representatives and the appropriate notification of the agreement. Based on the evidence, the FWC concluded that the agreement was supported by a majority of the relevant employees and met all statutory requirements for approval.

Accordingly, the FWC approved the Enterprise Agreement NSW & ACT 2015-2019, determining that it was fair and appropriate for the employees of PFS. The approval ensures that the agreement will govern the employment conditions of the relevant employees from the effective date specified within the agreement. This decision provides certainty and legal effect to the terms negotiated between the Union and PFS, ensuring compliance with the Fair Work Act.

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