DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Fire Services Pty Ltd
(AG2016/1487)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Geelong Fire Services 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 Geelong Fire Services 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 Geelong Fire Services 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 20 June 2016 and, in accordance with s.54, will operate from 27 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

Geelong Fire Services Pty Ltd applied to the Fair Work Commission for approval of a Fire Protection Agreement with the CEPU – Plumbing Division (Vic) for the period 2015-2019. The parties sought to have the agreement approved under section 236 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that meet certain criteria. The dispute arose because the Plumbing Division sought to have the agreement applied to a broader group of employees than Geelong Fire Services had intended, leading to disagreements over the scope of the agreement and the process by which it was negotiated.

The Commission was required to determine whether the agreement was a bona fide enterprise agreement, whether it was negotiated in good faith, and whether it met the requirements of the Act. The central issue was whether the agreement had been negotiated with a group of employees that was appropriately representative of the workforce and whether the process of negotiation was conducted in a manner that was consistent with the principles of good faith bargaining. The Commission also needed to consider whether the agreement contained terms and conditions that were fair and reasonable.

The Commission found that the agreement was a bona fide enterprise agreement that had been negotiated in good faith. It was satisfied that the Plumbing Division was an appropriately representative group for the purposes of negotiating the agreement and that the process of negotiation was conducted in accordance with the principles of good faith bargaining. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable. The Commission approved the agreement, finding that it met all of the requirements of the Act.

The Fair Work Commission approved the Geelong Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The Commission found that the agreement was a bona fide enterprise agreement that had been negotiated in good faith and that it met all of the requirements of the Fair Work Act 2009. The agreement is now approved and can be applied to the relevant employees.

Geelong Fire Services 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