DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6568)

FIRELINE 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 Fireline Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Fireline 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with Fireline Pty Ltd, in an application to the Fair Work Commission for the approval of the Fireline Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019. The dispute arose from the need to formalise the terms of employment and workplace relations between the union and the employer. The matter was brought before the Fair Work Commission, which has jurisdiction over employment agreements and industrial relations matters in Australia.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the fair and reasonable terms and conditions of employment, including remuneration, working hours, and dispute resolution mechanisms. The Commission also considered whether the agreement complied with the broader objectives of the Fair Work Act, which include promoting harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission examined the terms of the agreement in detail. It considered evidence provided by both parties and assessed whether the agreement met the statutory requirements for fair and reasonable terms. The Commission found that the agreement provided for adequate remuneration, reasonable working hours, and included appropriate mechanisms for resolving disputes. It concluded that the agreement was consistent with the broader objectives of the Fair Work Act, including the promotion of cooperative workplace relations. Based on this assessment, the Commission approved the agreement.

The Fair Work Commission approved the Fireline Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019, finding it to be fair and reasonable in all its terms and conditions. The decision ensures that the agreement will govern the employment relations between the union and the employer for the specified period, providing a framework for cooperative and productive workplace relations.

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