PFS Management Pty Ltd

[2013] FWCA 1950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFS Management Pty Ltd
(AG2013/5697)

PFS MANAGEMENT PTY LTD AND CEPU - PLUMBING DIVISION / NFIA NSW SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT NSW & ACT 2011-2015

Plumbing Industry
COMMISSIONER BLAIR	MELBOURNE, 28 MARCH 2013

Application for approval of the PFS Management Pty Ltd and CEPU - Plumbing Division / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the PFS Management Pty Ltd and CEPU - Plumbing Division / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PFS Management Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 19 March 2013.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by PFS Management Pty Ltd seeking approval for the PFS Management Pty Ltd and CEPU - Plumbing Division / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2011-2015. The dispute arose out of a disagreement between the applicant and the respondents over the terms and conditions of employment for the workers covered by the agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to the objectives of the Fair Work Act, specifically whether it included terms that were less favourable than the applicable award or safety net entitlements. The applicant argued that the agreement was fair and reasonable and met all the legal requirements for approval. The respondents, however, contended that the agreement contained provisions that were less favourable than the relevant award and safety net, and thus should not be approved.

In its decision, the Commission carefully examined the terms of the agreement against the relevant award and safety net provisions. It found that while some provisions of the agreement were less favourable than the award, these were justified exceptions under section 229 of the Fair Work Act. The Commission noted that the agreement included provisions that were more favourable than the award in certain areas, and that overall, the agreement was fair and reasonable. Consequently, the Commission approved the agreement, finding that it met the requirements for approval under the Fair Work Act.

As a result of the Commission's decision, the PFS Management Pty Ltd and CEPU - Plumbing Division / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2011-2015 was approved, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the workers covered by the agreement are legally recognised and binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established