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

[2013] FWCA 2630

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
(AG2013/5886)

COMPLETE FIRE PROTECTION (NSW) PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 30 APRIL 2013

Application for approval of the Complete Fire Protection (NSW) Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Complete Fire Protection (NSW) Pty Ltd Enterprise Agreement 2011 - 2015 (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] At clause 1 - Title, and in particular, subclause 1.1 of the Agreement the company name has been left blank, likewise at clause 2 - Parties and persons bound, and in particular 2.1(a) of the Agreement. The parties have advised that the company name that should appear in these two subclauses is ‘Complete Fire Protection (NSW) Pty Ltd’.

[3] The Agreement covers direct employment of sprinkler fitters, testers and apprentices employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] 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) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 7 May 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Complete Fire Protection (NSW) Pty Ltd Enterprise Agreement 2011 - 2015. The application was heard by the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction to make binding decisions on employment matters.

The central legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees covered by it and whether it complied with the good faith bargaining obligations. Additionally, the court assessed whether the agreement contained all the mandated minimum terms and conditions of employment.

In delivering its decision, the court considered the evidence presented by the union and the employer regarding the negotiation process and the contents of the agreement. The court found that the agreement had been negotiated in good faith and that it contained all the required minimum terms and conditions. The court also concluded that the agreement was in the best interests of the employees, taking into account factors such as wage increases, improved working conditions, and the overall benefits provided by the agreement. Based on these findings, the court approved the enterprise agreement.

The Fair Work Commission approved the Complete Fire Protection (NSW) Pty Ltd Enterprise Agreement 2011 - 2015, confirming its compliance with the relevant statutory requirements and its benefit to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established