DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Australia Pty Ltd T/A National Fire Solutions
(AG2015/1740)

NFS PIPE FABRICATIONS (QLD) COLLECTIVE AGREEMENT 2014 - 2017

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 FEBRUARY 2015

Application for approval of the NFS Pipe Fabrications (Qld) Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the NFS Pipe Fabrications (Qld) Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyco Australia Pty Ltd trading as National Fire Solutions, applied to the Fair Work Commission for approval of the NFS Pipe Fabrications (Qld) Collective Agreement 2014-2017. The application was contested by two unions, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers' Union (AMWU). The primary dispute centred on the enforceability and scope of the proposed agreement, particularly concerning the classification and wages of employees and the terms of employment.

The legal issues before the court involved the interpretation and validity of the collective agreement under the Fair Work Act 2009. Key points of contention included whether the agreement met the criteria for being a valid and enforceable enterprise agreement, particularly concerning the procedural fairness in the bargaining process and the agreement's compliance with the "better off overall test." Additionally, the court had to consider whether the agreement adequately covered all relevant employees and whether it provided for appropriate minimum terms and conditions of employment.

In addressing these issues, the Fair Work Commission found that the agreement was generally in line with the statutory requirements. The court examined the procedural fairness of the bargaining process, noting that the applicant had taken reasonable steps to involve the unions in negotiations. Regarding the better off overall test, the court determined that the agreement provided sufficient benefits to the employees to meet this requirement. The court also found that the agreement covered all relevant employees and provided for appropriate minimum terms and conditions. Consequently, the court approved the collective agreement.

The court's final orders confirmed the approval of the NFS Pipe Fabrications (Qld) Collective Agreement 2014-2017, subject to its effective implementation and compliance with all statutory requirements. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to ensure its proper enforcement.

Tyco Australia 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