DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1773)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Action 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 Action 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 29 July 2016 and, in accordance with s.54, will operate from 5 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Action Fire Services Pty Ltd, sought approval of the Action Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the agreement complied with the requirements of section 231 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, considering their overall living standards and welfare, and if it provided for fair and reasonable terms and conditions.

The Commission found that the agreement did not adequately account for the employees' overall living standards and welfare. It noted that the proposed terms and conditions did not offer sufficient protection for the employees' interests. The Commission emphasised the importance of ensuring that agreements not only meet the minimum legal standards but also genuinely promote the welfare of the employees. As the agreement failed to meet these criteria, the Commission did not approve the agreement. Consequently, the application was dismissed. The Commission's decision underscores the importance of comprehensive consideration of employees' welfare in approving enterprise agreements.

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

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Legal Principle Established