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

[2013] FWCA 5671

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
(AG2013/7953)

BASE FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 16 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Base Fire Protection Pty Ltd Enterprise Agreement 2011-2015 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch, 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 - Plumbing Division - NSW Branch, 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 in accordance with s.54 of the Act and will operate from 23 August 2013. 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 Fair Work Commission heard an application for the approval of the Base Fire Protection Pty Ltd Enterprise Agreement 2011-2015, brought forward by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The application was brought under the Fair Work Act 2009, seeking to have the enterprise agreement registered by the Commission. The dispute centred around the terms and conditions outlined in the agreement, specifically whether they complied with the statutory requirements for registration under the Act.

The legal issues before the Commission involved determining whether the agreement met the necessary criteria for approval, including whether it provided for the safety, health, and welfare of employees, and whether it was made in good faith. The Commission also had to consider whether the agreement would provide for the protection of employees' rights and entitlements, including minimum wages and conditions, as well as any other relevant matters prescribed by the Act.

The Commission found that the agreement met the necessary criteria for approval. The agreement provided for the safety, health, and welfare of employees, and was made in good faith. The Commission also found that the agreement would provide for the protection of employees' rights and entitlements, including minimum wages and conditions. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees covered by the agreement. The Commission also noted that the agreement provided for a streamlined process for resolving disputes between the parties.

The Commission made orders approving the Base Fire Protection Pty Ltd Enterprise Agreement 2011-2015, and registered the agreement under the Fair Work Act 2009. The orders were made on the basis that the agreement met the necessary criteria for approval, and provided for a fair and reasonable set of terms and conditions for the employees covered by the agreement. The orders also provided for the ongoing monitoring and review of the agreement by the Commission, to ensure that it continued to meet the necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established