DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/4990)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the Excel 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 Excel 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 Agreement contained a minor error on the cover page, at clause 1 and at clause 2.1. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[4] 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.

[5] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 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 union and the employer sought approval of a fire protection agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The central legal issue was whether the agreement, as modified, met the criteria for approval under the Act. Specifically, the union argued that the agreement did not sufficiently protect the rights and interests of the employees, while the employer contended that the modifications were necessary to maintain operational efficiency and meet safety standards.

The Commission examined the agreement clause by clause, considering whether it provided adequate protections for employees and complied with the good faith bargaining requirements. It was found that while the original agreement had deficiencies, the modifications addressed many of the union's concerns. The Commission concluded that the modified agreement met the statutory requirements, providing necessary protections while allowing the employer to maintain operational flexibility. The agreement was thus approved, subject to the modifications being implemented.

The Fair Work Commission approved the modified agreement, recognising the balance achieved between the rights of employees and the operational needs of the employer. The decision emphasised the importance of good faith bargaining and the need for agreements to be both practical and fair. The final orders confirmed the approval of the agreement, subject to the conditions specified in the decision.

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