DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firesafe Sprinkler Systems Pty Ltd
(AG2016/1424)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the Firesafe Sprinkler 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 Firesafe Sprinkler 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 Firesafe Sprinkler 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 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

Firesafe Sprinkler Systems Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the CEPU - Plumbing Division. The agreement, if approved, would govern the employment conditions of workers in the plumbing industry in Victoria from 2015 to 2019. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act.

The legal issues centred on whether the agreement complied with the legislative requirements and whether it was made in good faith and without the coercion of any party. Specifically, the Commission needed to assess whether the agreement contained the mandated minimum terms and conditions, and whether it adhered to the principles of procedural fairness and good faith bargaining.

The Commission found that the agreement contained all the required minimum terms and conditions and was made in good faith without any coercion. The agreement was fair and reasonable, taking into account the economic circumstances of the parties and the need to promote high levels of employment and industrial harmony. The Commission approved the agreement and made it a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Firesafe Sprinkler Systems and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The agreement was registered as a certified agreement under the Fair Work Act, effective from the date of approval. The decision was made on the basis that the agreement met the necessary criteria for approval, including containing all the required minimum terms and conditions, and being made in good faith and without coercion. The Commission determined that the agreement was fair and reasonable, promoting high levels of employment and industrial harmony.

Firesafe Sprinkler 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