DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1173)

ELITE FIRE PROTECTION AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 18 MAY 2016

Application for approval of the Elite Fire Protection 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 Elite Fire Protection 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 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 25 May 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 parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Elite Fire Protection Pty Ltd (Elite). The Union sought approval of a workplace agreement that it had negotiated with Elite. The Fair Work Commission was the court in which the matter was heard. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the process for approval under the Act.

The Commission considered the process by which the agreement had been negotiated and whether it had been done in good faith. The Commission noted that the Union had acted in accordance with its own industrial instruments and had followed a fair and transparent process in negotiating the agreement. The Commission also considered whether the agreement met the requirements of the Act, including whether it provided for appropriate minimum terms and conditions of employment. The Commission found that the agreement did meet these requirements.

In light of its findings, the Commission approved the agreement. The Commission noted that the agreement provided for appropriate minimum terms and conditions of employment and that it had been negotiated in good faith. The Commission also noted that the agreement was in the best interests of the employees covered by it. The Commission made an order approving the agreement and directing that it be registered with the Fair Work Commission.

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