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

[2014] FWCA 6033

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
(AG2014/8728)

FIRE PRO (QLD) PTY LTD - MAJOR COMMERCIAL FIRE SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 SEPTEMBER 2014

Application for approval of the Fire Pro (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 Pro (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-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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 9 September 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

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission heard an application for approval of a collective agreement between the union and Fire Pro (Qld) Pty Ltd. The union sought to have the agreement, which covered major commercial fire services, approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment within the agreement and their compliance with the statutory framework.

The legal issues that the Commission was required to address included whether the agreement provided for the fair and efficient operation of the enterprise, whether it ensured the fair treatment of employees, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission also had to consider whether the agreement included terms and conditions that were consistent with the national minimum standards and whether it was negotiated in good faith.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement provided for the fair and efficient operation of the enterprise and ensured the fair treatment of employees. The Commission concluded that the agreement contained terms and conditions that were consistent with the national minimum standards and that the union and the employer had negotiated the agreement in good faith. The Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the Fire Pro (Qld) Pty Ltd - Major Commercial Fire Services - Union Collective Agreement 2011-2015, and it became effective from the date of the Commission's decision.

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