DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Empire Fire Protection Pty Ltd
(AG2016/3501)

EMPIRE FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Empire Fire Protection Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Empire Fire Protection Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Empire Fire Protection 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 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Empire Fire Protection Pty Ltd, an employer, applied for the approval of the Empire Fire Protection Pty Ltd Enterprise Agreement 2016-2020, which was the subject of a dispute between the employer and the employees. The Fair Work Commission was the court that heard the matter. The dispute centred on the agreement's provisions and whether it complied with the requirements of the Fair Work Act 2009.

The key legal issues for the Commission to decide were whether the agreement was a "genuine" enterprise agreement and whether it contained any terms that were outside the scope of the agreement's authorised topics. The Commission had to consider whether the agreement was made in good faith and whether it was a "single, integrated, and complete" agreement. The Commission also had to examine whether the agreement contained any terms that were not "directly related to" the employees' employment or operational requirements.

The Commission found that the agreement was a genuine enterprise agreement that complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and was a single, integrated, and complete agreement. The Commission also found that the agreement did not contain any terms that were outside the scope of the agreement's authorised topics. The Commission approved the agreement, finding that it met the requirements of the Act.

The Commission approved the Empire Fire Protection Pty Ltd Enterprise Agreement 2016-2020, finding that it was a genuine enterprise agreement that complied with the requirements of the Fair Work Act. The agreement was made in good faith, was a single, integrated, and complete agreement, and did not contain any terms that were outside the scope of the agreement's authorised topics. The Commission's decision was based on the evidence presented and the application of relevant legal principles.

Empire Fire Protection 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