DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGlE Fire Services Australia Pty Limited
(AG2018/2801)

ENGIE FIRE SERVICES AUSTRALIA PTY LIMITED AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER JOHNS	DARWIN, 7 AUGUST 2018

Application for approval of the ENGIE Fire Services Australia Pty Limited 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 ENGIE Fire Services Australia Pty Limited 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 ENGlE Fire Services Australia Pty Limited. 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 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 14 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ENGIE Fire Services Australia Pty Limited applied for approval of an agreement with the CEPU - Plumbing Division (Vic) for fire protection services in Victoria from 2015 to 2019. The application was heard by the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act and if it was in the best interest of the employees covered by the agreement.

The court considered several legal issues, including whether the agreement adequately covered the scope of employees it was intended to cover, whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was genuinely negotiated between the parties. The court also considered whether the agreement provided for appropriate dispute resolution mechanisms. The court examined the terms of the agreement and the evidence provided by both parties to determine if the agreement met the statutory criteria.

The court found that the agreement was appropriately negotiated and covered the intended scope of employees. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the specific needs and circumstances of the industry. The court was satisfied that the agreement provided for adequate dispute resolution mechanisms and was in the best interest of the employees. Consequently, the court approved the agreement, finding it to comply with the requirements of the Fair Work Act 2009.

The court's final orders included the approval of the ENGIE Fire Services Australia Pty Limited and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, subject to the terms and conditions set out in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision until 30 June 2019, or until terminated earlier in accordance with the agreement's provisions.

ENGlE Fire Services Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established