DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2505)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 12 JULY 2017

Application for approval of the Upright Fire Systems 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 Upright Fire Systems 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 19 July 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

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Upright Fire Systems Pty Ltd, with the dispute centred on the approval of a Fire Protection Agreement Victoria 2015 - 2019. The application for approval of this agreement was brought before the Fair Work Commission. The key legal issues the court had to address involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace, and whether it complied with the procedural requirements set out in the Act.

The Fair Work Commission examined the agreement thoroughly, considering various aspects such as the provisions for wages and conditions, the dispute resolution mechanisms, and the overall fairness of the terms. The Commission found that the agreement was generally fair and efficient, offering reasonable protections for employees while allowing flexibility for employers. The Commission also determined that all procedural requirements had been met, as the agreement had been negotiated in good faith and the necessary consultation processes had been followed. Given these findings, the Commission approved the Fire Protection Agreement Victoria 2015 - 2019, thereby resolving the dispute in favour of the applicants.

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