DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7154)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Paramount 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 Paramount Fire Protection 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 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Paramount Fire Protection Pty Ltd. The union sought approval for a specific enterprise agreement, namely the Paramount Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The union argued that the agreement contained appropriate terms and conditions for the employees covered by it, while Paramount Fire Protection Pty Ltd contested the union's assertions, raising concerns about the agreement's provisions.

The central legal issue the court had to address was whether the terms and conditions outlined in the enterprise agreement were fair and reasonable for the employees it covered. Paramount Fire Protection Pty Ltd argued that certain provisions in the agreement were not appropriate, particularly those relating to wage rates and working conditions. The union, on the other hand, maintained that the agreement was fair and reasonable, and that its terms were necessary to protect the employees' interests.

After examining the evidence and arguments presented by both parties, the Fair Work Commission determined that the agreement was appropriate. The court found that the union had demonstrated that the agreement contained fair and reasonable terms and conditions for the employees. The court also found that the provisions Paramount Fire Protection Pty Ltd had raised concerns about were not unreasonable, as they were necessary to protect the employees' interests and were in line with industry standards.

As a result, the Fair Work Commission approved the Paramount Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The court ordered that the agreement be registered and enforceable, providing the employees with the protections outlined in its terms and conditions.

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