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; All Pipe Fire Services Pty Ltd
(AG2016/5817)

ALL PIPE FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of the agreement on behalf of its members who were employed by the respondent, All Pipe Fire Services Pty Ltd. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, with the union arguing for the necessity of the agreement's approval to ensure fair and equitable employment conditions for its members.

The central legal issues before the court involved determining whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement contained all the mandatory terms prescribed by the Act, whether the agreement had been fairly negotiated, and whether the agreement provided for the proper operation of the enterprise. The court also had to consider if the agreement adequately covered the employees' terms and conditions of employment and whether it complied with the provisions of the Act, particularly concerning procedural fairness and the protection of employees' rights.

In its decision, the Fair Work Commission carefully examined the provisions of the proposed enterprise agreement, ensuring that it included all mandatory terms as required by the Fair Work Act. The Commission confirmed that the agreement had been fairly negotiated and contained terms that were necessary for the proper operation of All Pipe Fire Services Pty Ltd. It was found that the agreement provided for the fair and equitable treatment of employees and met the statutory requirements for approval. Consequently, the Fair Work Commission approved the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; All Pipe Fire Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established