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

[2014] FWCA 5321

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
(AG2014/8469)

PROFIRE QLD PTY LTD - MAJOR COMMERCIAL FIRE SERVICES - UNION GREENFIELD AGREEMENT 2011-2015

Plumbing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 AUGUST 2014

Application for approval of the Profire Qld Pty Ltd - Major Commercial Fire Services - Union Greenfield Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Profire Qld Pty Ltd - Major Commercial Fire Services - Union Greenfield Agreement 2011-2015 (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) and Profire (Qld) Pty Ltd. The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CEPU which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 August 2014. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR 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 union sought approval for the Profire Qld Pty Ltd - Major Commercial Fire Services - Union Greenfield Agreement 2011-2015. The union argued that the agreement was necessary to establish the terms and conditions of employment for workers employed by Profire Qld Pty Ltd in the major commercial fire services industry. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. The union argued that the agreement was a genuine enterprise agreement and complied with the Act. The Commission had to consider the evidence presented by both parties and determine whether the agreement met the statutory requirements.

The Commission found that the agreement was a genuine enterprise agreement that complied with the Act. The union had demonstrated that it had a genuine enterprise agreement with the employer, and that the agreement had been negotiated in good faith. The Commission also found that the agreement met the statutory requirements, including the provision of adequate protections for employees. The Commission approved the agreement and registered it on the Register of Approved Agreements.

The final orders of the Commission were that the Profire Qld Pty Ltd - Major Commercial Fire Services - Union Greenfield Agreement 2011-2015 be approved and registered on the Register of Approved Agreements. The agreement would now apply to the employees of Profire Qld Pty Ltd in the major commercial fire services industry, providing them with the terms and conditions of employment set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established