DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/433)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the First Call Fire 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 First Call Fire 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.

[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 1 March 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 matter of an application for approval of the First Call Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, the case was heard by the Fair Work Commission. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and First Call Fire Services Pty Ltd (First Call). The dispute centred on the application for approval of a Fire Protection Agreement for Victoria between 2015 and 2019. The legal issues that the court had to address were primarily focused on whether the agreement was in the public interest and whether it complied with the relevant legislative provisions.

The court examined the agreement to determine if it met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement would lead to improved industrial relations, provide better outcomes for employees, and align with the principles of the Fair Work Act. The court also had to consider if the agreement was consistent with the public interest, particularly in terms of ensuring public safety and maintaining effective fire protection services in Victoria.

In its reasoning, the court found that the agreement did indeed meet the necessary criteria for approval. The court noted that the agreement would lead to improved industrial relations by providing certainty and stability for employees and employers. Additionally, the court found that the agreement would result in better outcomes for employees, such as improved wages and conditions. The court also concluded that the agreement was consistent with the public interest, as it would ensure the continued provision of effective fire protection services across Victoria. As a result, the court approved the Fire Protection Agreement for Victoria between 2015 and 2019.

The final orders of the court included the approval of the First Call Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, subject to certain conditions that were intended to ensure ongoing compliance with the Fair Work Act and the public interest.

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