DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1775)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Domestic Fire Sprinklers 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 Domestic Fire Sprinklers 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 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEAL) applied for approval of a workplace agreement between Domestic Fire Sprinklers Pty Ltd and the CEPU – Plumbing Division (Vic). The agreement, titled the Fire Protection Agreement Victoria 2015-2019, was submitted for consideration under the Fair Work Act 2009. The union sought to have the agreement recognised as a single, lawful workplace agreement, encompassing both the enterprise agreement and a separate fire protection agreement. The applicant argued that the two agreements should be treated as a single agreement, while the respondent opposed the application on the basis that the fire protection agreement was not a lawful agreement.

The legal issue before the Commission was whether the two agreements could be treated as a single workplace agreement, given that the fire protection agreement was not registered as a separate agreement. The Commission examined whether the fire protection agreement met the criteria for a lawful agreement under the Fair Work Act, considering the nature of the agreement and the process through which it was made. The Commission also considered whether the fire protection agreement could be integrated into the enterprise agreement to form a single lawful agreement.

The Commission determined that the fire protection agreement was not a lawful agreement on its own, as it did not meet the registration requirements under the Fair Work Act. However, the Commission found that the fire protection agreement could be incorporated into the enterprise agreement to form a single lawful agreement. The Commission approved the agreement, subject to certain modifications, to ensure that it complied with the requirements of the Fair Work Act. The modifications included clarifying the scope of the agreement, updating the classification of employees, and ensuring that the agreement met the legal standards for a lawful agreement.

The Commission's final order was that the Fire Protection Agreement Victoria 2015-2019, as modified by the Commission, be approved as a single lawful workplace agreement. The agreement was to be registered with the Fair Work Commission and would apply to all employees of Domestic Fire Sprinklers Pty Ltd who were covered by the agreement. The decision provided clarity on the treatment of multiple agreements and the requirements for a lawful workplace agreement 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