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

[2013] FWCA 7849

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
(AG2013/9444)

EMPIRE FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 8 OCTOBER 2013

Application for approval of the Empire Fire Protection Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Empire Fire Protection 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 - Plumbing Division - NSW Branch (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch (the Union) has 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Empire Fire Protection Pty Ltd Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions outlined in the agreement, which was to govern the employment relationship between the union and the employer. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act and whether it met the criteria for being a protected action. Specifically, the Commission had to assess if the agreement provided for minimum terms and conditions that were not less favourable than those provided by the relevant award or safety net award, and if it contained permissible provisions. The Commission also had to consider whether the agreement had been negotiated in good faith and if it contained the required minimum terms as stipulated by the legislation.

In delivering its decision, the Commission noted that the agreement largely complied with the requirements of the Fair Work Act. It found that the agreement provided for minimum terms and conditions that were not less favourable than those in the relevant awards, and that the provisions were permissible. The Commission concluded that the agreement had been negotiated in good faith and contained all the necessary minimum terms. Therefore, it approved the agreement as it met the statutory criteria for approval.

The Fair Work Commission approved the Empire Fire Protection Pty Ltd Enterprise Agreement 2011-2015, finding that it met the legal requirements for approval under the Fair Work Act. The Commission's decision was based on its determination that the agreement provided for minimum terms and conditions that were not less favourable than those in the relevant awards, and that it contained permissible provisions. The Commission also found that the agreement had been negotiated in good faith and included all necessary minimum terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established