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

[2013] FWCA 5437

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
(AG2013/7475)

ULTRASAFE FIRE PROTECTION SERVICES ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 7 AUGUST 2013

Application for approval of the Ultrasafe Fire Protection Services Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ultrasafe Fire Protection Services Enterprise Agreement 2013 - 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 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 - 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 14 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied for approval of the Ultrasafe Fire Protection Services Enterprise Agreement 2013-2015. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for workers within the fire protection services industry.

The primary legal issues before the court were whether the terms of the agreement met the requirements set out in the Fair Work Act for being registered, and whether the application process had been correctly followed. Key considerations included whether the agreement provided for a fair and efficient workplace relationship, and whether it complied with all relevant provisions of the Act, including those concerning minimum terms and conditions of employment.

The court found that the agreement was in compliance with the statutory requirements. It was determined that the agreement provided for fair and efficient workplace relations and that it did not undermine the Act’s purpose of facilitating cooperative and productive workplace relations. The court further found that the union had properly followed the application process, and that the agreement contained all necessary provisions as required by the Fair Work Act. Based on these findings, the court approved the agreement.

The court’s decision was final, and the agreement was approved for registration. The union was authorised to take the necessary steps to register the agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established