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

[2014] FWCA 6763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/7391)

ULTIMATE FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (WA BRANCH) FIRE SPRINKLER SERVICES ENTERPRISE AGREEMENT WA 2012-2016

Plumbing industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 SEPTEMBER 2014

Application for approval of the Ultimate Fire Protection Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement WA 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Ultimate Fire Protection Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement WA 2012-2016 (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 (CEPU). The agreement is a single enterprise agreement.

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

[3] The CEPU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 September 2014 and, in accordance with s.54, will operate from 3 October 2014. The nominal expiry date of the Agreement is 1 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was presented with an application for the approval of the Ultimate Fire Protection Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement WA 2012-2016. The legal issues before the court involved the terms of the enterprise agreement and whether it complied with the relevant legislative requirements under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary conditions for approval, specifically focusing on its alignment with the Fair Work Ombudsman’s standards and its fairness to the parties involved.

The court considered the statutory framework governing enterprise agreements and examined the provisions of the Fair Work Act. It assessed the application against the criteria established by the Fair Work Commission, which included whether the agreement provided for genuine bargaining, included key terms, and was fair and reasonable. The court also evaluated the evidence provided by both parties, including submissions and any relevant documentation that could impact the fairness and compliance of the agreement.

Upon reviewing the agreement and the submissions, the court found that the Ultimate Fire Protection Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement WA 2012-2016 met all the necessary criteria for approval. The court determined that the agreement was the product of genuine bargaining, contained all the required key terms, and was fair and reasonable in its provisions. Consequently, the court approved the agreement, thereby allowing it to come into effect as intended by the parties.

The final orders of the court included the approval of the enterprise agreement, which would now govern the employment conditions between Ultimate Fire Protection Pty Ltd and the CEPU - Plumbing Division (WA Branch) for the specified period. The court's decision was based on the comprehensive review of the agreement's compliance with the Fair Work Act and the evidence presented by both parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established