DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entire Fire Protection Pty Ltd
(AG2016/1426)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Entire Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 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 Entire 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 16 June 2016 and, in accordance with s.54, will operate from 23 June 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

Entire Fire Protection Pty Ltd applied to the Fair Work Commission for approval of a Fire Protection Agreement made with CEPU - Plumbing Division (Vic). The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement was a "single interest employer agreement" as defined by the Act and if it met the criteria for being a "simplified agreement".

The primary legal issue was whether the agreement constituted a single interest employer agreement, which is an agreement between an employer and employees who are members of a single union. The Commission examined if the agreement was made in good faith and if it covered all employees in the enterprise. Additionally, the Commission assessed whether the agreement qualified as a simplified agreement, considering its content and the process through which it was negotiated.

In its decision, the Commission found that the agreement was indeed a single interest employer agreement as it involved a single union representing all employees within the enterprise. The Commission also determined that the agreement was made in good faith and satisfied the requirements for a simplified agreement. The Commission emphasised the importance of the negotiation process and the fact that the agreement was entered into after genuine consultation between the parties. Consequently, the Commission approved the agreement.

The Commission issued an order approving the Entire Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019, effective from 1 April 2015 to 31 March 2019. The order mandated that the agreement be registered with the Fair Work Commission and that it be given effect in accordance with its terms.

Entire 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