DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch
(AG2017/2955)

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

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 SEPTEMBER 2017

Application for approval of the Goliath Fire 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 Goliath Fire 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 30 September 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division NSW Branch, which sought approval of the Goliath Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The decision was made by the Fair Work Commission. The union sought approval of the enterprise agreement, which was a new agreement between the employer and the union. The agreement contained terms and conditions for employees working in the sprinkler fitting fire protection industry.

The primary legal issue before the commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) agreement. The union argued that the agreement provided for improved wages and conditions, while the employer argued that the agreement was not in the best interests of the employees. The commission had to determine whether the agreement was fair and reasonable, and whether it met the BOOT criteria.

The commission considered the evidence presented by both parties and the relevant legislation and case law. The commission found that the agreement met the BOOT criteria and was fair and reasonable. The agreement provided for improved wages and conditions, including a 15% increase in wages over the life of the agreement, as well as improvements to leave entitlements and other conditions of employment. The commission also found that the agreement was in the best interests of the employees, as it provided for improved wages and conditions, and that the union had properly consulted with its members before seeking approval of the agreement.

The commission approved the Goliath Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, subject to certain minor modifications. The modifications related to the calculation of overtime and penalty rates, and were made to ensure that the agreement complied with the relevant legislation. The union and employer were directed to take all necessary steps to give effect to the approved agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established