DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fire Solutions WA Pty Ltd t/a National Fire Solutions
(AG2016/4484)

NATIONAL FIRE SOLUTIONS (WA) AND CEPU – PLUMBING DIVISION (WA BRANCH) “FIRE SPRINKLER SERVICES ENTERPRISE AGREEMENT WESTERN AUSTRALIA CONTRACTS 2016-2019”

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the National Fire Solutions (WA) and CEPU - Plumbing Division (WA Branch) “Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2016-2019”.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions (WA) and CEPU - Plumbing Division (WA Branch) “Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2016-2019” (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Fire Solutions WA Pty Ltd t/a National Fire Solutions. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 2 August 2016 and, in accordance with s.54, will operate from 9 August 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of National Fire Solutions WA Pty Ltd t/a National Fire Solutions, the Fair Work Commission was tasked with determining whether to approve a proposed enterprise agreement between National Fire Solutions and the CEPU – Plumbing Division (WA Branch). This agreement, titled the "Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2016-2019," sought to regulate various terms and conditions of employment for employees within the specified industry and geographical scope. The parties involved were National Fire Solutions, an employer within the fire sprinkler services sector, and the CEPU – Plumbing Division (WA Branch), a trade union representing the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements outlined in the Fair Work Act 2009. This included assessing whether the agreement met the criteria for "registered" status, which mandates that the agreement be free from any provisions that would be contrary to public policy or contain terms that unfairly discriminate against employees. Furthermore, the Commission needed to ensure that the agreement had been genuinely negotiated between the parties and that it covered all employees within the specified scope of the agreement.

The Commission carefully considered the evidence and submissions presented by both parties. It examined the negotiation process to determine if it was genuine and if the agreement reflected the input of both parties. The Commission also evaluated the provisions of the agreement against the Fair Work Act to ensure they did not contravene any statutory provisions or public policy. After thorough analysis, the Commission found that the agreement was fairly negotiated and did not contain any unfair discrimination or terms that were contrary to public policy. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the Commission were that the "Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2016-2019" be approved and registered. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between National Fire Solutions and the CEPU – Plumbing Division (WA Branch) for the specified period.

National Fire Solutions WA Pty Ltd t/a National Fire Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established