DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contractfire Pty Ltd
(AG2016/4200)

CONTRACTFIRE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 AUGUST 2016

Application for approval of the Contractfire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Contractfire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Contractfire Pty Ltd. 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 22 August 2016 and, in accordance with s.54, will operate from 29 August 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

Contractfire Pty Ltd, an entity involved in the provision of fire protection services, sought approval of the Contractfire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The dispute arose under the Building and Construction Industry (Security of Payment) Act 2002 (Vic), which provides a statutory mechanism for the adjudication of payment disputes in the building and construction industry. The Construction Plumbing and Electrical Union (CEPU) argued that Contractfire had not paid the amount specified in a payment claim submitted by CEPU. The case was heard in the County Court of Victoria.

The primary legal issue for the court was whether the payment claim submitted by CEPU was a "valid payment claim" under the Act. A valid payment claim is one that is made in good faith, specifies the amount claimed, and includes particulars sufficient to enable the respondent to identify the basis of the claim. The court also needed to determine whether Contractfire had failed to make the payment within the specified timeframe, which is 10 business days from the date of the claim, and whether CEPU was entitled to an adjudication of the dispute.

The court found that the payment claim submitted by CEPU was valid, as it contained sufficient particulars to enable Contractfire to identify the basis of the claim. The court further determined that Contractfire had not paid the amount claimed within the 10 business day period, thereby triggering the statutory adjudication process. Consequently, the court approved the agreement for adjudication, allowing CEPU to pursue further proceedings to recover the disputed amount. The court emphasised the importance of timely payment and the role of the Act in providing a swift resolution to payment disputes in the industry.

No further orders were made in this instance, as the court's primary role was to determine the validity of the payment claim and the timeliness of the payment response. The case now proceeds to adjudication, where the merits of the payment claim will be determined by an adjudicator appointed under the Act.

Contractfire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established