DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Services Pty Ltd T/A Automatic Fire Protection
(AG2016/5918)

ARA FIRE PROTECTION SERVICES PTY LTD (WA), 10 HALLEY ROAD, BALCATTA, WA 6021 AND THE COMMUNICATIONS, ELECTRICAL AND PLUMBING UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA BRANCH) “FIRE PROTECTION ENTERPRISE AGREEMENT (WA) 2016 - 2019”

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the ARA Fire Protection Services Pty Ltd (WA), 10 Halley Road, Balcatta, WA 6021 and the Communications, Electrical and Plumbing Union of Australia (CEPU) Plumbing Division (WA Branch) “Fire Protection Enterprise Agreement (WA) 2016 – 2019”.

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Services Pty Ltd (WA), 10 Halley Road, Balcatta, WA 6021 and the Communications, Electrical and Plumbing Union of Australia (CEPU) Plumbing Division (WA Branch) “Fire Protection Enterprise Agreement (WA) 2016 – 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 T/A Automatic Fire Protection. 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. 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.

[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 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.

[6] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties involved in this case were ARA Fire Protection Services Pty Ltd, trading as Automatic Fire Protection, and the Communications, Electrical and Plumbing Union of Australia (CEPU) Plumbing Division (WA Branch). The dispute centred around the application for approval of the Fire Protection Enterprise Agreement (WA) 2016 – 2019. The application was heard in the Fair Work Commission, a tribunal in Australia responsible for resolving workplace disputes.

The legal issues that the court had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the rights of employees and employers, and whether it was in the public interest. The court also needed to consider if the agreement was genuinely negotiated between the parties and if it contained certain mandatory provisions as required by the legislation.

The court found that the agreement was genuinely negotiated and contained all the mandatory provisions required by law. It provided for the rights of employees and employers, and was in the public interest. The court was satisfied that the agreement met the necessary criteria for approval and granted the application for approval.

The Fair Work Commission approved the Fire Protection Enterprise Agreement (WA) 2016 – 2019 between ARA Fire Protection Services Pty Ltd and the CEPU Plumbing Division (WA Branch). The approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

ARA Fire Protection Services Pty Ltd T/A Automatic Fire Protection

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established