DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5307)

SAWYER FIRE SYSTEMS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Sawyer Fire Systems Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sawyer Fire Systems Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015 (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.

[4] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Sawyer Fire Systems Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were centred on whether the agreement complied with the procedural and substantive requirements of the Act, particularly in terms of the agreement's provisions and its compliance with the better off overall test (BOOT). The Commission examined the application and relevant submissions to determine if the agreement provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission considered the provisions of the agreement and the submissions of the parties. It found that the agreement contained terms and conditions that were fair and reasonable. The Commission assessed the agreement against the BOOT, which requires that employees be no worse off and generally better off as a result of the agreement. The Commission concluded that the agreement met the BOOT and was therefore fair and reasonable. The Commission also considered the procedural requirements of the Act and found that the application was properly made and that the agreement was properly entered into. The Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the agreement, finding that it met the requirements of the Act. The Commission's decision was based on its assessment of the agreement's provisions and its compliance with the BOOT. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and that it met the procedural requirements of the Act. The approval of the agreement ensures that employees of Sawyer Fire Systems Pty Ltd and the CEPU - Plumbing Division (Vic) are covered by a fair and reasonable enterprise agreement for the period 2011-2015.

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