DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1459)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the IQ Fire 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 IQ Fire 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 20 June 2016 and, in accordance with s.54, will operate from 27 June 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer IQ Fire Pty Ltd. The union sought approval for the IQ Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, which aimed to regulate employment terms and conditions for employees within the fire protection sector in Victoria. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it adequately represented the interests of the employees involved.

The central legal issues before the court were whether the agreement met the statutory requirements for a modern award under the Fair Work Act 2009 and whether it provided appropriate protections for employees. The court had to scrutinise the terms and conditions outlined in the agreement to determine if they adhered to the standards set forth by the Act and if they were fair and reasonable. Additionally, the court examined whether the agreement sufficiently safeguarded the rights and interests of the employees, particularly focusing on whether it provided adequate representation and protection.

In rendering its decision, the court analysed the agreement clause by clause, evaluating each term against the statutory criteria. The court concluded that the agreement largely complied with the requirements of the Fair Work Act 2009, finding that it provided a fair and reasonable framework for employment within the fire protection sector. The court acknowledged the agreement's provisions regarding wages, conditions, and dispute resolution mechanisms, finding them to be in line with the legislative standards. The court found that the agreement did not disadvantage employees and was an appropriate means of regulating employment terms and conditions.

The Fair Work Commission approved the agreement, recognising its compliance with the statutory requirements and its fair representation of employee interests. The approval signified that the agreement would serve as a modern award, governing employment conditions for the specified period.

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