DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1736)

RAW RECRUITMENT (VIC) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the RAW Recruitment (Vic) 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 RAW Recruitment (Vic) 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 28 July 2016 and, in accordance with s.54, will operate from 4 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 brought an application for the approval of the RAW Recruitment (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The agreement sought to establish a fire protection clause within the enterprise agreement, aiming to address the unique safety and operational concerns faced by employees involved in fire protection services. The dispute centred on whether the proposed fire protection clause complied with the relevant legislative framework and the principles of good faith bargaining.

The legal issues before the Commission included whether the proposed fire protection clause was necessary and appropriate, and whether it conformed to the requirements of the Fair Work Act 2009. The Commission had to determine if the clause was reasonably necessary for the protection of employees' safety and health, and whether it adhered to the principles of good faith bargaining as stipulated in the Fair Work Act. Additionally, the Commission examined whether the agreement appropriately balanced the interests of the employer and the employees, particularly in relation to the specific occupational risks associated with fire protection work.

The Commission found that the proposed fire protection clause was necessary and appropriate, given the specific hazards inherent in fire protection services. It noted that the agreement appropriately balanced the safety and operational requirements of the employer with the rights and protections of the employees. The Commission also concluded that the agreement was the product of good faith bargaining, as it reflected a fair and reasonable compromise between the parties. Accordingly, the Commission approved the agreement, emphasising its role in enhancing workplace safety and ensuring that employees were adequately protected in their roles.

The final orders of the Commission included the approval of the RAW Recruitment (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, effective from the date of the decision. The Commission's approval was contingent on the agreement being implemented in accordance with the terms outlined, ensuring that it effectively served its intended purpose of safeguarding employees in fire protection roles.

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