DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1169)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 MAY 2016

Application for approval of the AIM 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 AIM 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 1 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, for the approval of the AIM Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The dispute centred around the union's application to have the agreement, which was intended to regulate employment conditions for members working at AIM Fire Pty Ltd, recognised as a lawful agreement under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement met the criteria for approval as stipulated in the Act. This included determining if the agreement had been genuinely negotiated between the parties, whether it contained the necessary terms, and if it adhered to the provisions of the Act, including ensuring it was in the public interest. Additionally, the court examined whether the agreement adequately protected employees' rights and interests, and if it complied with the procedural requirements for approval.

In considering these issues, the court reviewed the evidence presented by both the union and the employer regarding the negotiation process and the terms of the agreement. The court found that the agreement had been genuinely negotiated and contained all the necessary terms required by the Act. It also found that the agreement was in the public interest and did not undermine the collective bargaining provisions of the Act. The court was satisfied that the agreement provided appropriate protections for employees and adhered to the procedural requirements for approval. Therefore, the court approved the agreement, recognising it as a lawful agreement under the Fair Work Act 2009.

The court's final order was the approval of the AIM Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, which was to be registered with the Fair Work Commission. This decision provided certainty for the parties involved and ensured that the agreement would be legally enforceable.

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