Premier Fire Services (NSW) Pty Ltd Summary

[2013] FWCA 1945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Fire Services (NSW) Pty Ltd
(AG2013/5696)

PREMIER FIRE SERVICES (NSW) 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 Premier Fire Services (NSW) 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 Premier Fire Services (NSW) 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 Premier Fire Services (NSW) 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

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ANNEXURE

CaseChat Overview and Summary

The parties to this case are Premier Fire Services (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union – Plumbing Division (CFMMU). The dispute was heard by the Fair Work Commission, which has the authority to approve enterprise agreements. The agreement in question is the Premier Fire Services (NSW) Pty Ltd and CEPU – Plumbing Division / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2011-2015. The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, free from any unfair provisions, and had been made in accordance with the procedural requirements of the Act.

The Commission carefully examined the agreement to assess if it was in the public interest. It considered the nature of the work, the parties' bargaining power, and the potential impact on employees and employers. The Commission also evaluated whether the agreement was free from any unfair provisions, scrutinising provisions related to working hours, leave, and redundancy. Finally, the Commission assessed if the agreement had been made in accordance with the procedural requirements of the Act, ensuring that the agreement had been made without any coercion and that employees had been adequately informed about the agreement. After thorough consideration, the Commission found that the agreement met all the necessary criteria for approval.

The Commission approved the agreement, finding it to be in the public interest and free from any unfair provisions. The Commission was satisfied that the agreement had been made in accordance with the procedural requirements of the Act. The decision highlights the importance of ensuring that enterprise agreements are fair, in the public interest, and made without any coercion. The approval of the agreement provides certainty for both employers and employees in the fire protection industry. The Commission's decision is a valuable resource for parties involved in similar disputes in the future.

Premier Fire Services (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established