DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/4331)

IGNITE FIRE PROTECTION PTY LTD AND CEPU - PLUMING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 OCTOBER 2017

Application for approval of the Ignite Fire Protection Pty Ltd and CEPU - Pluming Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Ignite Fire Protection Pty Ltd and CEPU - Pluming 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 9 October 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of the Ignite Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The union sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The agreement contained various terms and conditions of employment for employees of Ignite Fire Protection Pty Ltd, a small business in the fire protection industry, and the union, which represents the employees.

The main legal issues the Commission was required to determine were whether the agreement met the requirements for registration under the Fair Work Act 2009 and whether it complied with the "better off overall test". The Commission considered whether the agreement provided employees with terms and conditions that were no worse than the applicable award or modern award and whether it provided them with a safety net of minimum terms and conditions. The Commission also examined whether the agreement was made in good faith and whether it was in the best interests of the employees.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements for registration under the Fair Work Act 2009. The Commission was satisfied that the agreement provided employees with terms and conditions that were no worse than the applicable award or modern award and that it provided them with a safety net of minimum terms and conditions. The Commission also found that the agreement was made in good faith and was in the best interests of the employees. Accordingly, the Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the Ignite Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 as a registered agreement under the Fair Work Act 2009. The agreement will now apply to employees of Ignite Fire Protection Pty Ltd who are members of the union. The decision provides clarity and certainty for both the employer and employees and ensures that they are provided with fair and reasonable terms and conditions of employment.

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