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
(AG2015/2426)

FIRE DOMAIN PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 1 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known asthe Fire Domain Pty Ltd Enterprise Agreement 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 - Plumbing Division - NSW Branch (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement for its members working for Fire Domain Pty Ltd. The application was heard by the Fair Work Commission, an Australian federal statutory body with jurisdiction over workplace relations matters. The union aimed to have the proposed agreement, which contained terms and conditions of employment for the employees, recognised as a registered agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement had been fairly negotiated, contained certain mandatory terms, and did not include any prohibited content. Furthermore, the Commission considered whether the agreement was in the best interests of the employees and complied with the procedural requirements for its registration.

After reviewing the evidence and submissions from both the union and the employer, the Commission concluded that the enterprise agreement met all the necessary criteria for approval. The agreement was found to have been fairly negotiated, contained all the mandatory terms required by law, and did not include any prohibited content. The Commission was satisfied that the agreement was in the best interests of the employees and had complied with the procedural requirements for its registration. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act.

As a result of the approval, the Fair Work Commission issued an order registering the Fire Domain Pty Ltd Enterprise Agreement 2011-2015. This order ensures that the terms and conditions of employment contained in the agreement are legally binding on both the union and the employer, and can be enforced by the parties in accordance with the Fair Work Act.

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