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

[2014] FWCA 7095

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
(AG2014/9141)

FIRE PROTECTION SPECIALISTS QLD PTY LTD - MAJOR COMMERCIAL FIRE SERVICE - UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 OCTOBER 2014

Application for approval of the Fire Protection Specialists Qld Pty Ltd - Major Commercial Fire Services - Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fire Protection Specialists Qld Pty Ltd - Major Commercial Fire Services - Union Collective 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/multi-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 15 October 2014. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Fire Protection Specialists Qld Pty Ltd - Major Commercial Fire Services - Union Collective Agreement 2011-2015. The respondent, Fire Protection Specialists Qld Pty Ltd, opposed the application, arguing that the agreement was not in the best interests of the employees. The case was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the terms and conditions of the collective agreement were in the best interests of the employees. This involved examining the provisions of the agreement, including wage rates, working conditions, and other employment terms, to determine if they were fair and reasonable. The Commission also had to consider if the agreement complied with relevant legislative requirements and if it was consistent with the principles of industrial relations law.

In assessing the agreement, the Commission found that the terms and conditions were fair and reasonable, taking into account the economic context, the bargaining power of the parties, and the interests of the employees. The Commission was satisfied that the agreement was not only in the best interests of the employees but also complied with the relevant legislation and industrial relations principles. Consequently, the application for approval of the collective agreement was granted.

The Fair Work Commission approved the Fire Protection Specialists Qld Pty Ltd - Major Commercial Fire Services - Union Collective Agreement 2011-2015, rejecting the respondent's objections. This decision ensures that the terms and conditions of the agreement will apply to the employees, providing them with a fair and reasonable set of employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established