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

[2016] FWCA 2275

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2016/2643)

P&R FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER

FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT

NSW & ACT 2015 - 2019

Plumbing industry

COMMISSIONER ROE

MELBOURNE, 12 APRIL 2016

Application for approval of the P&R Fire Services 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

P&R Fire Services 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[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.
[2016] FWCA 2275

[4] The Agreement was approved on 12 April 2016 and, in accordance with s.54, will

operate from 19 April 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 Fair Work Commission has approved the P&R Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The application for approval was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia under section 185 of the Fair Work Act 2009. The agreement covers employees in the plumbing industry in New South Wales and the Australian Capital Territory. The Commission is satisfied that the requirements of sections 186, 187 and 188 of the Act have been met. The agreement does not cover all employees of the employer, but the Commission is satisfied that the group of employees was fairly chosen. The agreement was approved on 12 April 2016 and will operate from 19 April 2016. The nominal expiry date of the agreement is 30 September 2019. The agreement covers the organisation as the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is a bargaining representative for the agreement and has given notice that it wants the agreement to cover it. The Commission noted that the agreement covers the organisation in accordance with section 201(2) of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established