DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3137)

FLASHPOINT FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 15 AUGUST 2018

Application for approval of the Flashpoint Fire Protection Pty Ltd 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 Flashpoint Fire Protection Pty Ltd 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 August 2018. 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a collective agreement with Flashpoint Fire Protection Pty Ltd. The dispute centred on whether the agreement met the necessary requirements for approval under the relevant industrial legislation. The application was heard in the Fair Work Commission of Australia.

The primary legal issues before the court were whether the agreement complied with the statutory prerequisites for approval, specifically under section 235 of the Fair Work Act 2009. The court needed to determine if the agreement was genuinely made by the parties, if it was made in good faith, and if it was made for the purpose of regulating the terms and conditions of employment. Furthermore, the court examined if the agreement provided for a proper process for the resolution of disputes and if it was consistent with the objectives of the Act.

In examining the application, the court considered the evidence presented by the union and the employer. It found that the agreement was genuinely made by the parties and was entered into in good faith. The court also determined that the agreement was made for the purpose of regulating employment terms and conditions, as required by the Act. Additionally, the court found that the agreement included provisions for the resolution of disputes and that these provisions were consistent with the Act's objectives. As a result, the court approved the agreement as meeting the necessary requirements for approval.

The court's final order was that the Flashpoint Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment terms and conditions of the parties involved and will be recognised and enforced by the court.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established