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
(AG2017/2944)

GUARDIAN SERVICE & MAINTENANCE 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 Guardian Service & Maintenance 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 Guardian Service & Maintenance 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division NSW Branch, the union applied to the Fair Work Commission for approval of the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it was fair and reasonable in all its terms. The Fair Work Commission was tasked with determining whether the agreement complied with the provisions of the Act and if it was fit for purpose in addressing the needs of the employees and employers covered by the agreement.

The legal issues before the Commission were whether the agreement satisfied the minimum terms and conditions set out in the Fair Work Act, and if the agreement was fair and reasonable, taking into account the economic circumstances, the interests of the employees, and the need for flexibility and efficiency in the workplace. The Commission also had to consider whether the agreement appropriately balanced the interests of both employers and employees and if it provided for proper dispute resolution mechanisms.

After examining the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable. It was determined that the agreement met the minimum terms and conditions set out in the Fair Work Act and that it appropriately balanced the interests of both employers and employees. The Commission was satisfied that the agreement provided for proper dispute resolution mechanisms and that it was fit for purpose in addressing the needs of the employees and employers covered by the agreement. The application for approval was subsequently granted.

The Fair Work Commission approved the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, effective from the date of the decision. This decision highlights the importance of ensuring that enterprise agreements are fair and reasonable, balancing the interests of both employers and employees, and providing for proper dispute resolution mechanisms.

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