DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/3616)

PULSE FIRE PROTECTION PTY LTD & CEPU NSW UNION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 29 JUNE 2015

Application for approval of the Pulse Fire Protection Pty Ltd & CEPU NSW Union Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pulse Fire Protection Pty Ltd & CEPU NSW Union Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 6 July 2015. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute arose between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Pulse Fire Protection Pty Ltd. The matter was brought before the Fair Work Commission. The union sought approval for the Pulse Fire Protection Pty Ltd & CEPU NSW Union Enterprise Agreement 2011-2015. The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it complied with the "better off overall test."

The Commission determined that the agreement did meet the statutory requirements and was consistent with the "better off overall test." The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it was not contrary to public policy. Furthermore, the Commission was satisfied that the agreement was not likely to have a detrimental effect on the industrial relations system, and that it provided for a fair and reasonable outcome for both parties.

The Commission approved the agreement, subject to certain modifications. The modifications related to the calculation of penalty rates and the definition of certain terms within the agreement. The modifications were designed to ensure that the agreement complied with the Fair Work Act and the "better off overall test."

The Fair Work Commission approved the Pulse Fire Protection Pty Ltd & CEPU NSW Union Enterprise Agreement 2011-2015, subject to the modifications outlined in the decision. The modifications related to the calculation of penalty rates and the definition of certain terms within the agreement. The decision provides guidance to parties seeking to negotiate and finalise enterprise agreements, and highlights the importance of ensuring that agreements comply with the statutory requirements and the "better off overall test."

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