DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/2832)

DISTINCT FIRE SYSTEMS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 11 MAY 2016

Application for approval of the Distinct Fire Systems 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 Distinct Fire Systems 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of an enterprise agreement between Distinct Fire Systems Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEU). The case was heard in the Fair Work Commission (FWC). The dispute centred around whether the enterprise agreement met the legal requirements under the Fair Work Act 2009, particularly in terms of its provisions and whether it provided for the proper regulation of workplace relations.

The court had to determine if the enterprise agreement was made in good faith and if it contained the necessary minimum terms and conditions. This included assessing whether the agreement dealt with matters relevant to the operation of the enterprise, the classification of employees, and whether it provided for a fair and reasonable method of determining the wages and conditions of employment. Furthermore, the court considered whether the agreement had been appropriately certified by the Australian Building and Construction Commission.

The Fair Work Commission found that the enterprise agreement met the necessary legal standards. The agreement was deemed to be made in good faith, and it contained all the required minimum terms and conditions as stipulated by the Fair Work Act 2009. The provisions of the agreement were considered fair and reasonable, and the classification of employees and the method of determining wages and conditions were also found to be appropriate. The court concluded that the agreement had been appropriately certified and approved it for operation. The decision was made in accordance with the provisions of the Fair Work Act 2009 and the relevant guidelines.

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