DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6699)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Excel 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 Excel 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 2 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 Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) made an application for approval of an enterprise agreement between the Union and Excel Fire Protection Pty Ltd. The agreement was for the period of 2015 to 2019. The Fair Work Commission (the Commission) heard the application. The primary dispute was over whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth). The Union argued that the agreement was fair and reasonable and that it had been made in good faith. The Commission had to determine whether the agreement met the criteria set out in the Fair Work Act.

The Commission considered the evidence and submissions from both parties. The Union provided evidence that it had followed proper consultation processes and that the agreement reflected the views of its members. The Commission noted that the agreement contained provisions on wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable and that it had been made in good faith. The Commission approved the agreement.

The Commission found that the agreement met the criteria set out in the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and that it reflected the views of the Union's members. The Commission also noted that the agreement contained provisions on wages, working conditions, and dispute resolution mechanisms. The Commission approved the agreement.

The Commission made an order approving the agreement. The order was made under section 233 of the Fair Work Act. The agreement was approved as a registered agreement for the period of 2015 to 2019.

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