Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 5082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/1866)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 28 JULY 2014

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

[1] An application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for approval of a single-enterprise agreement known as the Zerofire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement Victoria 2011-2015 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2014. The nominal expiry date of the Agreement is 31 October 2015.

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 sought approval of the Zerofire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement Victoria 2011-2015. The application for approval was lodged under section 233 of the Fair Work Act 2009, as the agreement had not been previously approved by the Commission and contained a provision that required approval. The applicant argued that the agreement was a good faith bargain and met the "better off overall test". The respondent, Zerofire Services Pty Ltd, did not oppose the application, but raised concerns about the provisions regarding overtime pay rates.

The primary legal issue for the Commission to determine was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it provided for terms and conditions that were no less favourable than the applicable award or safety net. Additionally, the Commission needed to examine the overtime pay provisions to ensure they complied with the safety net provisions of the Act. The Commission also needed to consider whether the agreement met the "better off overall test", which required that the overall terms and conditions of the agreement were better for the employees than the applicable award or safety net.

After reviewing the agreement and the evidence presented by the parties, the Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement was a good faith bargain and provided for terms and conditions that were no less favourable than the applicable award or safety net. The Commission also found that the overtime pay provisions complied with the safety net provisions of the Act and met the "better off overall test". The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the employer and employees.

The Fair Work Commission approved the Zerofire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement Victoria 2011-2015 under section 233 of the Fair Work Act 2009. The Commission found that the agreement was a good faith bargain and provided for terms and conditions that were no less favourable than the applicable award or safety net. The Commission also found that the overtime pay provisions complied with the safety net provisions of the Act and met the "better off overall test". The approval of the agreement ensures that the employees of Zerofire Services Pty Ltd are covered by a fair and reasonable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established