DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2509)

CONSTANT FIRE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 12 MAY 2015

Application for approval of the Constant Fire Systems Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Constant Fire Systems Pty Ltd Enterprise Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, Constant Fire Systems Pty Ltd has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement was approved on 12 May 2015 and, in accordance with s.54, will operate from 19 May 2015. The nominal expiry date of the Agreement is 30 September 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Constant Fire Systems Pty Ltd Enterprise Agreement 2011-2015. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Constant Fire Systems Pty Ltd. The primary issue was whether the enterprise agreement met the requirements under the Fair Work Act 2009 to be approved by the Commission. Specifically, the application needed to demonstrate that the agreement was made in good faith, provided for terms and conditions of employment, and did not adversely affect employees’ safety or health.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated and whether it contained all the mandated minimum terms and conditions. Additionally, the Commission needed to ensure that the agreement did not contravene any of the provisions under the Fair Work Act, particularly those relating to unfair dismissal, penalty rates, and other employment standards. The Commission also examined whether the agreement provided for procedural fairness and whether it contained adequate mechanisms for the resolution of disputes between the employer and employees.

In reaching its decision, the Commission considered the submissions from both the union and the employer, as well as the evidence provided. It assessed whether the agreement was made in good faith, considering the process of negotiation and the context in which the agreement was developed. The Commission found that the agreement was genuinely negotiated, contained all required minimum terms, and did not unjustifiably harm employees' safety or health. It also determined that the agreement complied with the provisions of the Fair Work Act, including those related to unfair dismissal and penalty rates. Based on these findings, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Constant Fire Systems Pty Ltd Enterprise Agreement 2011-2015, affirming that it met all statutory requirements under the Fair Work Act 2009. The decision emphasised the genuine negotiation process, the inclusion of mandated minimum terms, and the absence of any detrimental impact on employees’ safety and health. This approval signifies that the agreement will now serve as a binding framework for employment conditions within Constant Fire Systems Pty Ltd, subject to the oversight and enforcement by the Fair Work Commission.

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