DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FDN Nominees Pty Ltd T/A FND Nominees Pty Ltd
(AG2018/1268)

FDN NOMINEES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the FDN Nominees Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the FDN Nominees Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FDN Nominees Pty Ltd T/A FDN Fire. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved FDN Nominees Pty Ltd, trading as FND Nominees Pty Ltd, which applied for approval of a fire protection agreement with CEPU – Plumbing Division (Vic). The dispute was heard in the Supreme Court of Victoria. The primary issue before the court was whether the proposed agreement, which outlined the terms and conditions for fire protection services, complied with the necessary legislative and regulatory requirements.

The court had to consider whether the agreement met the standards set by the Fire Safety (Victoria) Act 2013 and relevant regulations. Specifically, the court examined whether the agreement provided sufficient clarity and detail to ensure the provision of adequate fire protection services. It was also necessary to determine if the agreement appropriately balanced the interests of both parties, ensuring that FDN Nominees would receive suitable services while CEPU – Plumbing Division (Vic) would be compensated fairly for their work.

The court found that the agreement contained all the necessary elements required by law, including detailed specifications and performance criteria. It concluded that the agreement was sufficiently comprehensive and would provide the necessary protections for both parties. The court was satisfied that the terms were fair and balanced, meeting all statutory requirements. The approval of the agreement was granted, ensuring that FDN Nominees could proceed with the provision of fire protection services in accordance with the outlined terms.

FDN Nominees Pty Ltd T/A FND Nominees 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