DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1441)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the Zerofire Services 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 Zerofire Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 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 case involves an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Zerofire Services Pty Ltd, pertaining to the Plumbing Division in Victoria, covering the period from 2015 to 2019. The Fair Work Commission (FWC) was tasked with examining and determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement was genuinely an enterprise agreement, whether it contained the required minimum terms and conditions, and if it had been fairly negotiated and applied. The Union argued that the agreement was fair and appropriate for the employees, while Zerofire Services Pty Ltd maintained that the agreement was a genuine enterprise agreement and contained the necessary minimum terms. The FWC needed to assess the agreement's validity, taking into account the bargaining process, the contents of the agreement, and its compliance with the Fair Work Act.

After considering the arguments and evidence presented by both parties, the FWC concluded that the agreement was genuinely an enterprise agreement. It was found to have been fairly negotiated and contained all the required minimum terms and conditions. The FWC also determined that the agreement was in the best interests of the employees covered by it. Therefore, the application for approval of the Zerofire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 was granted.

The final orders of the FWC were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision, and that the agreement be registered by the Commission. This decision provided clarity and certainty for both the Union and the employer, ensuring that the agreement could be implemented as intended.

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