DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fire Dynamics Nominees Pty Ltd T/A FDN Fire
(AG2016/1425)

FDN FIRE AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the FDN Fire 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 FDN Fire 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 Fire Dynamics Nominees Pty Ltd T/A FDN Fire. 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

In the Supreme Court of Victoria, the case before the court involved an application by Fire Dynamics Nominees Pty Ltd, trading as FDN Fire, for the approval of a fire protection agreement between FDN Fire and the CEPU - Plumbing Division (Vic). The dispute centred around the terms and conditions outlined in the proposed agreement, and whether they met the requirements for approval under the relevant legislation.

The legal issues that the court had to resolve included whether the proposed agreement was consistent with the statutory framework governing fire protection agreements in Victoria. Specifically, the court needed to determine whether the terms of the agreement were fair, reasonable, and in the best interests of the public, as required by the legislation. The court also had to consider whether the agreement provided adequate protection and services to the community, and whether the rates charged under the agreement were reasonable.

After reviewing the evidence and arguments presented by both parties, the court found that the proposed agreement met the statutory requirements for approval. The court was satisfied that the terms of the agreement were fair, reasonable, and in the best interests of the public. The court also found that the agreement provided adequate protection and services to the community, and that the rates charged under the agreement were reasonable. As a result, the court approved the FDN Fire and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

The final orders of the court included the approval of the fire protection agreement, and the dismissal of the application for judicial review brought by a third party who had opposed the agreement. The court also ordered that the costs of the application be paid by the applicant, Fire Dynamics Nominees Pty Ltd.

Fire Dynamics Nominees Pty Ltd T/A FDN Fire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established