DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6715)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Alltek 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 Alltek 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of an enterprise agreement between the Union and Alltek Fire Services Pty Ltd (the Employer). The dispute was heard by the Fair Work Commission (the Commission). The Union sought approval of the Alltek Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 (the Agreement).

The legal issues before the Commission included whether the Agreement met the requirements for approval under the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether it had been made in good faith and without the coercion of the parties. The Union argued that the Agreement was fair and reasonable and had been made in good faith, while the Employer raised concerns about certain provisions in the Agreement.

In its decision, the Commission found that the Agreement did not contain all of the necessary minimum terms and conditions, and that it did not meet the requirements for approval under the Fair Work Act. The Commission noted that the Agreement did not include provisions for annual leave loading and overtime rates, and that it contained provisions that were inconsistent with the Fair Work Act. The Commission also found that the Union had not provided sufficient evidence to demonstrate that the Agreement had been made in good faith. As a result, the Commission refused to approve the Agreement.

The Commission's decision was final and binding, and could not be appealed. The Agreement between the Union and the Employer was therefore not approved, and the parties were free to negotiate a new agreement that met the requirements for approval under the Fair Work Act.

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