DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7222)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Roar 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 Roar 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 13 December 2016. 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 matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Roar Fire Systems Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The union sought approval for the Roar Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015–2019. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and the relevant Fair Work (Registered Organisations) Regulations 2016.

The key legal issues before the court were whether the agreement was made in good faith, whether it included the minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement was properly certified. Additionally, the court had to determine if the agreement contained all the necessary information required by the Fair Work (Registered Organisations) Regulations, including the agreement's title, the names of the employer and the union, and the duration of the agreement. Furthermore, the court needed to ensure that the agreement did not contain any terms that were contrary to the public interest.

After reviewing the application and the agreement, the Fair Work Commission found that the Roar Fire Systems Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015–2019 complied with the requirements of the Fair Work Act and the relevant regulations. The commission determined that the agreement was made in good faith, contained the minimum terms and conditions, and was properly certified. Additionally, the commission found that the agreement included all the necessary information and did not contain any terms that were contrary to the public interest. Consequently, the Fair Work Commission approved 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