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

[2013] FWCA 2473

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
(AG2013/5875)

INTENSE FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 23 APRIL 2013

Application for approval of the Intense Fire Services Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Intense Fire Services 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] The Agreement covers the 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.

[3] 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.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 30 April 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 case before the court involved an application for the approval of the Intense Fire Services Pty Ltd Enterprise Agreement 2011-2015, which was submitted by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The application was brought before the court by the union, which sought to have the agreement approved as a certified agreement under the Fair Work Act 2009. The agreement was contested by the employer, Intense Fire Services Pty Ltd, which raised several objections to the application.

The primary legal issue before the court was whether the proposed agreement met the requirements for certification under the Fair Work Act. This involved determining if the agreement contained all the mandatory terms set out in the Act, including the minimum terms, and whether it was made in good faith and without any coercion. The court also had to consider if the agreement provided for proper processes for the resolution of workplace disputes and if it was likely to result in improved workplace relations.

The court examined the terms of the agreement and the evidence presented by both parties. It found that the agreement contained all the necessary mandatory terms and was made in good faith. The court also determined that the agreement provided for adequate dispute resolution processes and was likely to improve workplace relations. Consequently, the court approved the application for the agreement to be certified as a registered agreement.

As a result of the court's decision, the Intense Fire Services Pty Ltd Enterprise Agreement 2011-2015 was approved and registered as a certified agreement under the Fair Work Act. This meant that the agreement became legally binding on all parties covered by it, and provided a framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established