DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fox Fire Protection Pty Ltd
(AG2016/1442)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Fox Fire Protection Pty Ltd 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 Fox Fire Protection Pty Ltd 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 Fox 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 21 June 2016 and, in accordance with s.54, will operate from 28 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

Fox Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic) sought approval for their Fire Protection Agreement Victoria 2015-2019 from the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in relation to its provisions on enterprise agreements, certification, and dispute resolution. The Commission needed to determine if the agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it complied with the relevant provisions of the Fair Work Act.

The court examined the process by which the agreement was negotiated and whether it complied with the statutory requirements for enterprise agreements. This included assessing the fairness of the negotiation process and whether the agreement was genuinely negotiated by the parties. The Commission also reviewed the agreement's provisions to ensure they met the criteria for being a lawful and enforceable enterprise agreement. Key issues included whether the agreement covered all necessary matters, if it complied with the statutory minimum standards, and if it allowed for the resolution of disputes in accordance with the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated. The Commission confirmed that the agreement met all the statutory requirements and was lawful and enforceable. The agreement included provisions for the resolution of disputes, which were found to comply with the relevant provisions of the Fair Work Act. The Commission approved the agreement, stating that it provided a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Fire Protection Agreement Victoria 2015-2019 between Fox Fire Protection Pty Ltd and the CEPU – Plumbing Division (Vic). The Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated and met all statutory requirements. The agreement was approved in its entirety, and the parties were directed to implement its terms.

Fox 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