DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3907)

ELEMENT FIRE PROTECTION AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Element Fire Protection 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 Element Fire Protection 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 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 1 August 2016 and, in accordance with s.54, will operate from 8 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), along with the Element Fire Protection Pty Ltd (the Employer). The dispute pertained to the Union's application for approval of a specific enterprise agreement, the Element Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. This application was lodged with the Fair Work Commission (FWC), which had jurisdiction to approve the agreement as it was an "appropriately certified agreement."

The legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically sections 232 and 234. These sections require that the agreement be "appropriately certified" and that it be "in the public interest" to approve it. The Union needed to demonstrate that the agreement was fairly and appropriately certified and that its approval would not have an adverse effect on the public interest.

The FWC considered the evidence presented and concluded that the agreement was appropriately certified and met the public interest test. The Commission found that the bargaining process was fair and that the agreement contained terms and conditions that were not detrimental to the public interest. It was noted that the agreement provided for fair wages and conditions for employees, and that it included provisions that promoted safety and efficiency in the workplace. As a result, the FWC approved the agreement, finding that it met the legislative criteria for approval.

Consequently, the FWC issued its decision approving the Element Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. This approval allowed the agreement to come into effect and bind both the Union and the Employer, as well as their respective employees. The decision confirmed the FWC's jurisdiction to approve the agreement and highlighted the importance of ensuring that enterprise agreements meet the necessary criteria for approval under the Fair Work Act 2009.

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