DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/921)

AUS-SPRINKLER CO PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 24 APRIL 2017

Application for approval of the Aus-Sprinkler Co 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 Aus-Sprinkler Co Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement 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 1May 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Aus-Sprinkler Co Pty Ltd, applied for the approval of the Fire Protection Agreement Victoria 2015-2019. This application was before the Fair Work Commission. The dispute centred around the interpretation and approval of the terms and conditions outlined in the agreement, which was intended to govern the employment of plumbing and fire protection technicians in Victoria for the specified period.

The legal issues the court had to address involved ensuring that the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the fair and efficient resolution of workplace disputes, and if it adequately protected the rights and interests of both employers and employees. Additionally, the court examined whether the agreement adhered to the relevant provisions concerning enterprise agreements and whether it met the criteria for approval under the Fair Work Act.

The court found that the agreement was comprehensive and adequately addressed the needs of both the employer and employees. The terms were deemed to be fair and reasonable, providing a balanced approach to workplace relations. The agreement included provisions for dispute resolution mechanisms, which were found to be effective and compliant with the legislative requirements. Consequently, the court approved the agreement, recognising its alignment with the statutory objectives of promoting harmonious, productive and cooperative workplace relations.

As a result of the court's approval, the Fire Protection Agreement Victoria 2015-2019 was ratified, and it will now govern the employment conditions for plumbing and fire protection technicians in Victoria for the specified period. This decision ensures that the agreement will operate effectively, providing a framework for fair and efficient workplace relations during the term of the agreement.

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