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
(AG2015/1846)

TRIUMPH FIRE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 FEBRUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Triumph Fire Solutions Pty Ltd 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 March 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied for approval of the Triumph Fire Solutions Pty Ltd Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, which is tasked with overseeing the application of the Fair Work Act 2009. The Union sought to have the enterprise agreement, which it had negotiated with the employer, approved by the Commission. This approval was necessary to ensure the agreement was compliant with the Act and to provide a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the terms and conditions of employment in a fair and flexible manner, whether it was free from coercion and undue influence, and whether it contained the necessary procedural fairness provisions. Additionally, the Commission needed to determine whether the agreement was genuinely negotiated and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was generally compliant with the requirements of the Act. It noted that the agreement provided for a fair and flexible set of terms and conditions, was free from coercion and undue influence, and contained the necessary procedural fairness provisions. The Commission also found that the agreement had been genuinely negotiated and contained appropriate dispute resolution mechanisms. Therefore, the application for approval was successful. The Commission made an order approving the agreement, which would now provide a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

The final orders of the Commission were that the Triumph Fire Solutions Pty Ltd Enterprise Agreement 2011-2015 be approved in accordance with section 234 of the Fair Work Act 2009. The agreement would now be registered with the Commission, and the employer would be required to comply with its terms. The employees covered by the agreement would also be entitled to the benefits and protections provided by the agreement. The Union's application for approval of the enterprise agreement was therefore successful, and the agreement would now provide a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

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