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

[2014] FWCA 4072

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
(AG2014/6329)

JOHN HOLLAND - NEW CHILDREN'S HOSPITAL UNION COLLECTIVE AGREEMENT FOR FIRESAFE INGROUND SERVICES PTY LTD 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 JUNE 2014

Application for approval of the John Holland - New Children's Hospital Union Collective Agreement for Firesafe Inground Services Pty Ltd 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the John Holland - New Children's Hospital Union Collective Agreement for Firesafe Inground Services Pty Ltd 2013-2016 (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 ss.186, 187 and 188 of the Act 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. 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 from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Firesafe Inground Services Pty Ltd. The union sought approval of a collective agreement covering employees of Firesafe Inground Services for the period 2013-2016. The court was asked to determine whether the agreement met the legal requirements for approval under the relevant industrial legislation.

The primary legal issue before the court was whether the collective agreement complied with the provisions of the relevant industrial legislation. Specifically, the court needed to consider whether the agreement contained all the necessary terms and conditions, and whether it was fair and reasonable in all its aspects. The court also had to assess whether the agreement was consistent with the principles of the Fair Work Act 2009.

In delivering its decision, the court found that the collective agreement complied with the relevant industrial legislation. The court held that the agreement contained all the necessary terms and conditions, and was fair and reasonable in all its aspects. The court further found that the agreement was consistent with the principles of the Fair Work Act 2009. As a result, the court approved the collective agreement.

The court's approval of the collective agreement means that it is now legally binding on the parties. The agreement sets out the terms and conditions of employment for employees of Firesafe Inground Services for the period 2013-2016, and provides a framework for resolving any disputes that may arise during that time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established