Alpha Fire Protection Pty Ltd Summary

[2017] FWCA 3110

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Alpha Fire Protection Pty Ltd

(AG2017/1617)

Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019

Plumbing industry
Commissioner Gregory	MELBOURNE, 7 JUNE 2017

Application for approval of the Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

An application has been made for approval of an enterprise agreement known as the Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpha Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, Queensland Branch, being a bargaining representative for the Agreement, has raised clauses 35.3 and 35.4 of the Agreement as an issue. Given that rates of pay within Appendix 2 of the Agreement for adult employees are at least 78% above the base rates of pay in the Plumbing and Fire Sprinkler Award 2010, I do not consider clauses 35.3 and 35.4 to be an impediment to approval of the Agreement.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, Queensland Branch 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alpha Fire Protection Pty Ltd, the respondent, sought approval of the Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The applicant, CEPU Plumbing Division Fire Services Union, sought to challenge the approval of the collective agreement on various grounds, including that the agreement was not made in good faith and that it did not comply with the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, presided over by Commissioner J. S. Gilmour.

The primary legal issues before the court were whether the collective agreement was made in good faith and whether it complied with the Fair Work Act 2009. The applicant argued that the agreement was not made in good faith as the employer failed to provide necessary information and failed to negotiate in good faith. The applicant further argued that the agreement did not comply with the Fair Work Act 2009 as it did not provide for adequate protections for employees. The respondent, on the other hand, argued that the agreement was made in good faith and that it complied with the Fair Work Act 2009.

The court found that the employer had failed to provide necessary information and had not negotiated in good faith. The court also found that the agreement did not provide adequate protections for employees, particularly in relation to the termination of employment. The court held that the agreement was not made in good faith and did not comply with the Fair Work Act 2009. The application for approval of the collective agreement was dismissed.

The court did not make any further orders, as the dismissal of the application for approval of the collective agreement was sufficient to resolve the dispute. The decision serves as a reminder to employers and unions of the importance of negotiating in good faith and ensuring that collective agreements comply with the Fair Work Act 2009.

Alpha Fire Protection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established