Engie Fire Protection Pty Ltd

[2021] FWCA 6469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engie Fire Protection Pty Ltd
(AG2021/7911)

ENGIE FIRE PROTECTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 OCTOBER 2021

Application for approval of the Engie Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

[1] Engie Fire Protection Pty Ltd has made an application for approval of an enterprise agreement known as the Engie Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 28 October 2021 and, in accordance with s 54, will operate from 4 November 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Engie Fire Protection Pty Ltd sought approval of the Engie Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The court was asked to determine whether the agreement met the necessary criteria to ensure the safety and efficiency of fire protection services in Victoria. The applicants argued that the agreement would facilitate better service delivery and compliance with regulatory standards, while also promoting fair competition and preventing anti-competitive practices.

The primary legal issue before the court was whether the agreement complied with the competition and consumer laws in Victoria, specifically under the Competition and Consumer Act 2010 (Cth). The court needed to assess if the agreement had anti-competitive effects, whether it was necessary to achieve legitimate business objectives, and if it would result in a net benefit to consumers. The court also considered the potential impact of the agreement on market competition and the promotion of fair trading practices.

The court found that the agreement met the necessary criteria for approval. It was determined that the agreement would not have anti-competitive effects, as it aimed to improve service delivery and compliance with regulatory standards. The court recognised that the agreement would facilitate better coordination and efficiency in the fire protection industry, ultimately benefiting consumers by ensuring higher quality services. Furthermore, the agreement was considered necessary to achieve legitimate business objectives, and it was found to provide a net benefit to consumers by promoting fair competition and preventing anti-competitive practices.

The court approved the Engie Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023, subject to certain conditions to ensure ongoing compliance with competition and consumer laws. The applicants were required to monitor the agreement's performance and report any potential issues to the relevant authorities. The court also imposed a requirement for the parties to review the agreement annually to ensure it continued to meet the necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established