DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1784)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2016

Application for approval of the Fireshield 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 Fireshield 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 3 August 2016 and, in accordance with s.54, will operate from 10 August 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Fireshield Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, from the Fair Work Commission. The applicant union argued that the agreement should be approved under section 234 of the Fair Work Act 2009 as an enterprise agreement. The company opposed the application, claiming that the agreement was not an enterprise agreement but rather a combination of a collective agreement and an enterprise agreement, which would not be eligible for approval.

The central legal issue before the Commission was whether the agreement in question constituted an enterprise agreement or a hybrid of a collective agreement and an enterprise agreement. The Commission considered the nature and content of the agreement, the parties' intentions, and the applicable legal framework, particularly sections 172, 173, 174, 227, and 234 of the Fair Work Act 2009. The Commission concluded that the agreement was an enterprise agreement because it satisfied the definition in section 172 of the Fair Work Act 2009 and did not contain any provisions that would render it a collective agreement.

The Fair Work Commission approved the agreement, finding that it met the requirements of an enterprise agreement. The Commission found that the agreement was not a collective agreement because it did not contain any provisions that would require the approval of a majority of the employees in the relevant bargaining unit. The Commission also found that the agreement contained provisions that related to the employment conditions of employees, which is consistent with the definition of an enterprise agreement in section 172 of the Fair Work Act 2009. The Commission concluded that the agreement was an enterprise agreement and was therefore eligible for approval under section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the Fireshield Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 as an enterprise agreement. The Commission found that the agreement satisfied the definition of an enterprise agreement in section 172 of the Fair Work Act 2009 and did not contain any provisions that would render it a collective agreement. The Commission also found that the agreement contained provisions that related to the employment conditions of employees, which is consistent with the definition of an enterprise agreement. The applicant union's application for approval of the agreement was therefore granted.

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