DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7091)

DEFENCE FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Defence Fire Protection 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 Defence Fire Protection 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 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 12 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 court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of a Fire Protection Agreement between Defence Fire Protection Pty Ltd and the CEPU - Plumbing Division (Vic). The application was made in accordance with the provisions of the Fair Work Act 2009. The primary concern was whether the agreement met the necessary standards for approval under the Fair Work Act.

The court was required to determine whether the agreement was a "single interest employer agreement" as defined in the Act, whether it was an "individual agreement" or "enterprise agreement," and whether it had been made in good faith and without coercion. The court also needed to consider if the agreement met the requirements of being a "modern award" or "agreement" and whether it complied with the provisions of the Act regarding the protection of employee rights.

The court found that the agreement was indeed a single interest employer agreement and an enterprise agreement. It was concluded that the agreement was made in good faith and without coercion. The court further determined that the agreement met the criteria for a modern award or agreement and was in compliance with the provisions of the Fair Work Act regarding the protection of employee rights. Consequently, the court approved the Fire Protection Agreement between Defence Fire Protection Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2015-2019.

The court's decision was to approve the Fire Protection Agreement, and no further orders were made. The agreement was deemed to be in line with the requirements of the Fair Work Act and would serve as a binding contract between the parties for the specified period.

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