DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7412)

SIGNAL FIRE SERVICES 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 Signal 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 Signal 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 the 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Signal Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015–2019. The applicant union argued that the agreement was appropriate for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue was whether the agreement contained provisions that were contrary to the public interest. Specifically, the court needed to determine whether certain clauses within the agreement were inconsistent with the objects of the Fair Work Act 2009, particularly in relation to public safety and employment conditions. The applicant contended that the agreement was necessary to ensure fair and consistent application of employment terms across the industry and did not contravene any public interest considerations.

The Fair Work Commission carefully examined the agreement, considering its implications for public safety, employment conditions, and the broader objectives of the Fair Work Act 2009. The Commission concluded that the agreement did not contain any provisions that were contrary to the public interest. It found that the agreement was necessary to provide fair and consistent employment terms within the industry, and did not pose any significant risks to public safety or other public interest considerations. Consequently, the Commission approved the agreement, finding it to be in line with the objectives of the Act.

The Fair Work Commission approved the Signal Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015–2019, recognising that it did not contain any provisions that were contrary to the public interest. The decision highlighted the importance of industry-specific agreements in ensuring fair and consistent application of employment terms, provided they do not compromise public safety or other public interest considerations.

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