Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 7505

FAIR WORK COMMISSION

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
(AG2014/9359)

FIRE PROTECTION SYSTEMS (AUST) PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 OCTOBER 2014

Application for approval of the Fire Protection Systems (Aust) Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fire Protection Systems (Aust) 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 29 October 2014. 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking approval for the Fire Protection Systems (Aust) Pty Ltd Enterprise Agreement 2011 - 2015. The dispute arose from the union's application under the Fair Work Act 2009, seeking the court's approval for the proposed agreement. The crux of the matter was to determine if the agreement complied with the statutory requirements and if it was in the best interests of the employees.

The legal issues before the court were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. Procedurally, the court examined if the agreement was fairly negotiated and if the necessary steps were followed in its creation. Substantively, the court assessed if the terms of the agreement were fair and reasonable, and whether they provided adequate protection for employees' rights and entitlements.

The court concluded that the agreement was fairly negotiated and complied with all procedural requirements. In terms of substance, the court found that the agreement contained provisions that were fair and reasonable, and provided adequate protection for employees' rights and entitlements. The court was satisfied that the agreement met the necessary criteria under the Fair Work Act 2009, and approved the application for the agreement's registration.

No further orders were made by the court. The decision provides clarity for unions and employers on the requirements for enterprise agreements and the court's role in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established