DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Champion Fire Protection Pty Ltd
(AG2017/5823)

CHAMPION FIRE PROTECTION PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER SAUNDERS	NEWCASTLE, 13 DECEMBER 2017

Application for approval of the Champion Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[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 2015 - 2018 (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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[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 20 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Champion Fire Protection Pty Ltd and CEPU Electrical Division Queensland. The dispute centred around the application for approval of their Enterprise Agreement for the period 2015 to 2018. The Fair Work Commission heard the matter.

The primary legal issue the court had to address was whether the proposed Enterprise Agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was in the public interest, and whether it provided for a fair and reasonable process for the resolution of workplace disputes. The court also needed to determine if the agreement was compliant with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement was in the public interest and provided for a fair and reasonable process for the resolution of workplace disputes. The agreement also met the necessary requirements for approval under the Fair Work Act 2009. The court noted that the agreement contained provisions for the resolution of workplace disputes, which were in line with the principles of the Fair Work Act 2009. Furthermore, the court found that the agreement was compliant with the Fair Work (Registered Organisations) Act 2009.

As a result, the Fair Work Commission approved the Enterprise Agreement for the period 2015 to 2018. The agreement was deemed to be in the public interest and provided for a fair and reasonable process for the resolution of workplace disputes. The court's decision ensured that the agreement met the necessary requirements for approval under the Fair Work Act 2009 and was compliant with the Fair Work (Registered Organisations) Act 2009.

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