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

[2013] FWCA 8307

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
(AG2013/9847)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 23 OCTOBER 2013

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

[1] An application has been made for approval of a single-enterprise agreement known as the Protective Fire Services 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) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU-Plumbing Division (Vic), for approval of the Fire Protection Agreement Victoria 2011-2015 between the union and Protective Fire Services Pty Ltd. The application sought to establish terms and conditions for employees in the fire protection sector within Victoria for the specified period. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided for the "better off overall test" and if it contained appropriate dispute resolution mechanisms. The Commission also considered whether the agreement adequately covered essential terms and conditions, including pay rates, hours of work, and other employment standards, to ensure it was fair and reasonable for the employees involved.

After reviewing the application and the proposed agreement, the Commission determined that the Fire Protection Agreement Victoria 2011-2015 met the necessary criteria for approval. The Commission found that the agreement provided for a better off overall test and contained appropriate dispute resolution mechanisms. Additionally, the agreement was deemed to cover essential terms and conditions in a manner that was fair and reasonable for the employees within the specified period. Therefore, the Commission approved the agreement, finding it to be in compliance with the statutory requirements under the Fair Work Act.

The Fair Work Commission approved the Fire Protection Agreement Victoria 2011-2015 between the CEPU-Plumbing Division (Vic) and Protective Fire Services Pty Ltd. The agreement was to be in effect for the period from 2011 to 2015, providing terms and conditions for employees in the fire protection sector within Victoria. The Commission's decision recognised the agreement as meeting the statutory requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established