DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5233)

FIREPOWER FIRE SERVICES AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Firepower Fire Services 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 Firepower Fire Services 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 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 19 October 2015 and, in accordance with s.54, will operate from 26 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

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Firepower Fire Services and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015 approved. The court was required to consider whether the agreement was in the public interest, and whether it was consistent with the relevant legislation. The application was brought before the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth).

The primary legal issue before the court was whether the agreement was consistent with the provisions of the Fair Work Act, particularly section 233, which requires that an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable awards or safety net minimum terms and conditions. The court also had to consider whether the agreement was in the public interest, as required by section 230 of the Act. The court examined the terms of the agreement, including the provisions relating to wages, hours of work, and other employment conditions, to determine whether they complied with the relevant legislation.

The court found that the agreement was consistent with the Fair Work Act and was in the public interest. The court considered that the agreement provided for a fair and reasonable set of terms and conditions for employees, and that it did not provide for terms and conditions that were less favourable than the applicable awards or safety net minimum terms and conditions. The court also found that the agreement was in the public interest, as it would promote industrial peace and harmony, and would not have an adverse effect on the economy or on the operation of employers or employees.

The court approved the Firepower Fire Services and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015, and the agreement is now a registered enterprise agreement under the Fair Work Act. The decision of the court is final and binding, and cannot be appealed.

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