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

[2013] FWCA 6909

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
(AG2013/8753)

DISTINCT FIRE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 12 SEPTEMBER 2013

Application for approval of the Distinct Fire Systems Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Distinct Fire Systems 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)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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Distinct Fire Systems Pty Ltd. The dispute centred around the application for the approval of the Distinct Fire Systems Pty Ltd Enterprise Agreement 2011-2015. The case was heard by the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes. The Union sought approval of the agreement, while Distinct Fire Systems Pty Ltd raised concerns about certain provisions within the agreement.

The primary legal issue before the Fair Work Commission was whether the provisions of the Enterprise Agreement were in compliance with the requirements of the Fair Work Act 2009. The Union argued that the provisions were consistent with the Act and should be approved, while Distinct Fire Systems Pty Ltd contended that some aspects of the agreement did not meet the necessary legislative criteria. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the relevant statutory provisions.

In its decision, the Fair Work Commission found that the Enterprise Agreement was largely compliant with the requirements of the Fair Work Act 2009. The Commission considered various factors, including the fairness and reasonableness of the agreement, as well as the balance of interests between the parties. After reviewing the evidence presented by both the Union and Distinct Fire Systems Pty Ltd, the Commission concluded that the agreement was fair and reasonable, and therefore approved the Enterprise Agreement. The Commission did, however, make some minor amendments to certain provisions to ensure full compliance with the Act.

As a result of the Fair Work Commission's decision, the Distinct Fire Systems Pty Ltd Enterprise Agreement 2011-2015 was approved, subject to the minor amendments made by the Commission. The Union's application for approval was successful, and the agreement was deemed to be in the best interests of the employees. Distinct Fire Systems Pty Ltd's concerns about the provisions were addressed, and the agreement was deemed to be compliant with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established