DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fire Fighting Systems Pty Ltd
(AG2016/1397)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 JUNE 2016

Application for approval of the Fire Fighting Systems 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 Fire Fighting Systems 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 Fighting Systems 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 15 June 2016 and, in accordance with s.54, will operate from 22 June 2016. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fire Fighting Systems Pty Ltd, the applicant sought approval for the Fire Fighting Systems and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 from the Fair Work Commission. The applicant aimed to establish a collective agreement that would govern the terms and conditions of employment for its employees who are members of the CEPU Plumbing Division (Vic). The dispute centred around the validity and enforceability of the agreement, with objections raised by various parties. The case was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement met the requirements for a Modern Award under the Fair Work Act and if the agreement was made in good faith and in the spirit of cooperative behaviour. Additionally, the Commission had to determine whether the agreement provided fair and reasonable terms for the employees and whether the applicant had properly consulted with the relevant employee representatives. The validity of the agreement also hinged on whether it complied with the procedural requirements of the Fair Work Act, including the provision of necessary documentation and the opportunity for objections.

The Commission considered the arguments presented by both the applicant and the objectors, assessing the agreement against the statutory criteria outlined in the Fair Work Act. It examined whether the agreement provided for terms and conditions that were not less favourable than the applicable Modern Award and whether it adhered to the principles of good faith bargaining and cooperative behaviour. The Commission also evaluated the evidence regarding the consultation process and the fairness of the terms for the employees. Ultimately, the Commission determined that the agreement met the necessary criteria and was approved as a valid and enforceable Modern Award. The Commission found that the applicant had acted in good faith and that the agreement provided fair and reasonable terms for the employees, while also complying with the procedural requirements of the Act.

The Fair Work Commission approved the Fire Fighting Systems and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 as a valid and enforceable Modern Award. This decision provided clarity for the parties involved and established the terms and conditions of employment for the employees covered by the agreement. The Commission's approval of the agreement ensured that it would be binding on both the applicant and the employees, offering a framework for their working relationship during the specified period.

Fire Fighting Systems 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