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
(AG2015/2043)

THE FIRE GROUP PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 26 MARCH 2015

Application for approval of The Fire Group Pty Ltd Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as The Fire Group 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Fire Group Pty Ltd, which was heard in the Fair Work Commission. The Union sought approval of an enterprise agreement for the period 2011 to 2015, which had been negotiated between the Union and the employer. The agreement sought to establish terms and conditions for the employees of The Fire Group Pty Ltd, and it was necessary for the agreement to be approved by the Commission in accordance with the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement complied with the provisions of the Fair Work Act, and whether the agreement had been made in accordance with the requirements of the Act. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act relating to the protection of employees' rights. The Commission also had to consider whether the agreement was made in good faith and whether it was free from any improper influence or pressure.

In its decision, the Commission found that the agreement complied with the provisions of the Fair Work Act and that it had been made in accordance with the requirements of the Act. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the provisions of the Act relating to the protection of employees' rights. The Commission also found that the agreement was made in good faith and that it was free from any improper influence or pressure. Accordingly, the Commission approved the agreement, which will now be binding on the parties for the period specified.

The final orders of the Commission were that the Enterprise Agreement between the Union and The Fire Group Pty Ltd for the period 2011 to 2015 be approved, and that it be registered with the Commission. The agreement will now govern the terms and conditions of employment for the employees of The Fire Group Pty Ltd for the specified period.

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