DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Fire Protection Pty Ltd
(AG2016/3652)

UNITED FIRE PROTECTION PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 18 AUGUST 2016

Application for approval of the United Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement contained a typographical error at clauses 4.1, 4.2.1, 4.3.1 and 7.2.3.2. Pursuant to section 586(a) of the Act, the errors are corrected in the published Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2016. The nominal expiry date of the Agreement is 17 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

United Fire Protection Pty Ltd was involved in an application before the Fair Work Commission for approval of an enterprise agreement, the United Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016. The applicants sought to have the agreement registered under the Fair Work Act 2009. The respondents, including various unions, opposed the application on several grounds.

The key legal issues the Commission needed to address were whether the agreement met the statutory requirements for approval, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider whether the agreement was procedurally sound, including whether proper consultation had occurred and whether the necessary majority of employees and employers had agreed to the terms.

In its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement contained all the minimum terms and conditions and was made in good faith. It also determined that there had been adequate consultation and that the necessary majority of employees and employers had agreed to the agreement. Consequently, the Commission approved the enterprise agreement, finding that it met all statutory requirements for registration.

The Fair Work Commission approved the Sprinkler Fitters Enterprise Agreement 2016 and ordered its registration under the Fair Work Act 2009. This decision was based on the determination that the agreement contained all minimum terms and conditions, was made in good faith, and had been properly consulted and agreed upon by the relevant parties.

United Fire Protection Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established