DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1848)

IGNITE PROTECTIVE FIRE SERVICES AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 JUNE 2017

Application for approval of the Ignite Protective Fire Services 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 Ignite Protective Fire Services 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 14 June 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 this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) sought approval from the Fair Work Commission of the Ignite Protective Fire Services and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The application was contested by a number of employers who argued that the agreement did not meet certain statutory requirements and was not in the best interests of the employees. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it should be approved. The Commission considered the content and provisions of the agreement, including the classification of employees, the terms and conditions of employment, and the dispute resolution mechanisms. The Commission found that the agreement was in the best interests of the employees and did not contain any provisions that were contrary to the public interest. The Commission also considered the arguments of the employers and found that their concerns did not outweigh the benefits of the agreement to the employees.

The Fair Work Commission approved the agreement, finding that it met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for classification, remuneration, and dispute resolution. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest or that would have an adverse effect on the operation of the businesses of the employers. The Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations and that it would provide for the fair and effective resolution of workplace disputes. The Commission approved the agreement, subject to certain modifications to address the concerns of the employers. The modifications included changes to the classification of employees and the dispute resolution mechanisms. The employers were given a period of time to implement the modifications and to bring the agreement into effect. The applicant was also required to provide certain information to the employees and to take steps to ensure that the agreement was properly communicated to the employees.

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