DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5316)

PARAMOUNT FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Paramount Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Paramount Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015 (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. 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 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

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 lodged an application for the approval of an enterprise agreement between Paramount Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015. The dispute centred around the provisions of the proposed agreement, including terms related to employment conditions, wages, and dispute resolution mechanisms.

The legal issues before the commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it contained the required minimum terms and conditions, and if it was free from prohibited content. Additionally, the commission had to consider whether the agreement was made in good faith and without coercion.

The commission found that the agreement contained all the required minimum terms and conditions, and it did not include any prohibited content. Furthermore, the commission determined that the agreement was made in good faith and without coercion. As such, the commission approved the agreement. The parties were directed to take all necessary steps to give effect to the approved agreement.

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