DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Champion Fire Protection Pty Ltd
(AG2019/206)

CHAMPION FIRE PROTECTION PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Champion Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Champion Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Champion Fire Protection 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 12 February 2019 and, in accordance with s.54, will operate from 19 February 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Champion Fire Protection Pty Ltd applied to the Fair Work Commission for the approval of the Champion Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019. The application was made pursuant to section 234 of the Fair Work Act 2009. CEPU Electrical Division Queensland, a union, represented the employees of Champion Fire Protection Pty Ltd. The union had entered into an enterprise agreement with Champion Fire Protection Pty Ltd, which included terms and conditions of employment for the employees. The agreement sought approval from the Commission.

The key legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider if the agreement contained the required "protected action" provisions, if it complied with the "better off overall test" and if it met the "no disadvantage test". Additionally, the Commission needed to ensure that the agreement did not undermine the existing industrial safety standards or any applicable legislative provisions.

After considering the evidence and submissions from both parties, the Commission found that the enterprise agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement contained the necessary "protected action" provisions and satisfied the "better off overall test" and "no disadvantage test". The Commission was satisfied that the agreement did not undermine any existing industrial safety standards or legislative provisions. Therefore, the application for approval of the enterprise agreement was approved.

The Fair Work Commission approved the Champion Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019. This decision was made under section 234 of the Fair Work Act 2009 and sets the terms and conditions of employment for the employees of Champion Fire Protection Pty Ltd for the specified period.

Champion 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