DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Services Pty Ltd
(AG2016/1706)

ARA FIRE AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the ARA Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 ARA Fire Protection Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ARA Fire Protection Services Pty Ltd and CEPU - Plumbing Division (Vic), with the dispute centering on the approval of their Fire Protection Agreement Victoria 2015-2019. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the requirements for modern awards, and if it provided for fair and equitable terms and conditions of employment. The Commission was required to consider the balance of the agreement, ensuring it did not undermine the protection of employees' rights and interests.

In examining the agreement, the Commission considered the scope of the agreement, the bargaining positions of the parties, and the extent to which the agreement provided for fair and equitable terms. The Commission noted that while the agreement provided for a wage increase, it also contained provisions that could potentially undermine the rights of employees. The Commission also considered the impact of the agreement on the broader bargaining environment, ensuring it did not have an adverse effect on the rights of other employees in the industry. The Commission concluded that the agreement did not provide for fair and equitable terms and conditions of employment, and therefore, did not meet the criteria for approval under the Act.

Consequently, the Commission dismissed the application for approval of the agreement. The Commission found that the agreement did not meet the criteria for approval under the Fair Work Act 2009, and therefore, could not be approved. The Commission emphasised the importance of ensuring that agreements provide for fair and equitable terms and conditions of employment, and that they do not undermine the rights and interests of employees. The decision serves as a reminder to parties entering into enterprise agreements to carefully consider the terms and conditions of the agreement, and to ensure that they comply with the requirements of the Act.

ARA Fire Protection Services 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