DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3062)

FLAMESAFE FIRE PROTECTION PTY LIMITED (“COMPANY”) & CEPU NSW UNION / NFIA NSW SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the FlameSafe Fire Protection Pty Limited (“Company”) & CEPU NSW Union / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the FlameSafe Fire Protection Pty Limited (“Company”) & CEPU NSW Union / NFIA NSW Sprinkler Fitting / Fire Protection 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application for the approval of a new enterprise agreement with the FlameSafe Fire Protection Pty Limited and CEPU NSW Union. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and if the agreement was made in the spirit of the Act and in good faith. The Commission had to determine if the agreement provided for the proper management and administration of the workplace and whether it allowed for flexibility in the management of the workforce.

The Commission considered the submissions from both parties and examined the terms of the agreement. The union argued that the agreement was necessary to provide job security and fair wages to the employees. The company, on the other hand, argued that the agreement was too restrictive and would limit their ability to manage the workforce effectively. The Commission found that the agreement was made in good faith and provided for the proper management and administration of the workplace. The Commission also found that the agreement allowed for flexibility in the management of the workforce and that it was in the best interests of the employees.

The Commission approved the enterprise agreement between the union and the company. The agreement was found to meet the requirements of the Fair Work Act and was made in the spirit of the Act and in good faith. The Commission found that the agreement provided for the proper management and administration of the workplace and allowed for flexibility in the management of the workforce. The agreement was approved and will be in effect from the date of the decision.

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