DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Plumbing Division Victorian Divisional Branch
(AG2016/6282)

SPECIALISED ESSENTIAL SERVICES GROUP PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Specialised Essential Services Group Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Specialised Essential Services Group Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2016-2019 (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-Plumbing Division. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Plumbing Division 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 is approved and, in accordance with s.54 of the Act, will operate from 20 October 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Specialised Essential Services Group Pty Ltd and the CEPU - Plumbing Division (Vic), sought approval of their Fire Protection Enterprise Agreement 2016-2019 from the Fair Work Commission. The respondents, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Plumbing Division Victorian Divisional Branch, opposed the application, contending that the agreement was not in the best interests of the employees. The dispute was heard by the Fair Work Commission, presided over by Deputy President A M Ryan.

The central legal issue before the court was whether the Fire Protection Enterprise Agreement 2016-2019, as proposed by the applicants, was in the best interests of the employees. The court had to consider whether the agreement was fair and reasonable, taking into account various factors such as the employees' rights, benefits, and protections, and whether it met the requirements of the Fair Work Act 2009. The respondents argued that the agreement did not adequately protect the employees' interests and failed to meet these requirements.

After reviewing the evidence and arguments presented by both parties, the court found that the Fire Protection Enterprise Agreement 2016-2019 was in the best interests of the employees. The court determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account their rights, benefits, and protections. The court also found that the agreement met the requirements of the Fair Work Act 2009. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the Fire Protection Enterprise Agreement 2016-2019, as proposed by the applicants. The court ordered that the agreement be approved and registered under the Fair Work Act 2009. The decision was made in favour of the applicants, and the respondents' opposition to the application was dismissed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Plumbing Division Victorian Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established