DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6545)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Precision 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 Precision 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 28 November 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Precision Fire Protection Pty Ltd (the Employer). The Union sought approval of a specific enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, specifically if it contained prohibited content. The matter was heard in the Fair Work Commission.

The primary legal issue for the court was to determine if the agreement contained any matter that was prohibited by section 235 of the Fair Work Act. This included assessing whether the agreement had provisions that were against public policy or had terms that were not genuinely agreed upon. The court also had to consider if the agreement contained terms that were unfair, in the sense that they were not genuinely bargained for by the parties. Another issue was whether the agreement complied with the procedural requirements for approval under the Act.

In addressing the issues, the Fair Work Commission examined the content and terms of the agreement, looking at whether they were genuinely agreed upon and if they were within the bounds of what was permitted by the Fair Work Act. The Commission found that the agreement did not contain any prohibited content and that the terms were fairly negotiated. The Commission also concluded that the agreement complied with the necessary procedural requirements for approval. Consequently, the court approved the agreement.

The final orders of the Fair Work Commission were that the Precision Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to come into effect and bind the parties involved, providing a framework for employment terms and conditions within 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