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

[2014] FWCA 4608

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
(AG2014/6572)

FIRE FIGHTING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 10 JULY 2014

Application for approval of the Fire Fighting Solutions Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Fire Fighting Solutions Pty Ltd Enterprise 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) (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The CEPU have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval of the Fire Fighting Solutions Pty Ltd Enterprise Agreement 2011 - 2015 (the Agreement). The application was made under section 234 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an agreement if it is satisfied that the agreement is in the public interest and meets certain criteria, including that it provides for the terms and conditions of employment of employees. The Union argued that the Agreement provided for fair and reasonable terms and conditions of employment, and was in the public interest. The employer, Fire Fighting Solutions Pty Ltd, did not oppose the application.

The legal issue before the Fair Work Commission was whether the Agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The Commission considered whether the Agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the public interest. The Commission also considered whether the Agreement met the requirements for certification under the Fair Work Act 2009, including that it did not discriminate against employees or employers, and that it did not undermine the operation of the safety net.

The Fair Work Commission found that the Agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The Commission was satisfied that the Agreement provided for fair and reasonable terms and conditions of employment, and was in the public interest. The Commission also found that the Agreement met the requirements for certification under the Fair Work Act 2009, and did not discriminate against employees or employers. The Commission approved the Agreement, and it will now apply to employees covered by the Agreement.

The Fair Work Commission approved the Fire Fighting Solutions Pty Ltd Enterprise Agreement 2011 - 2015, and it will now apply to employees covered by the Agreement. The Union may now proceed to register the Agreement with the Australian Industrial Relations Commission. The employer is not permitted to take any adverse action against employees for engaging in protected industrial action in relation to the Agreement. The Agreement will remain in force until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established