DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GEM Fire Service Pty Ltd
(AG2016/1559)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the GEM Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the GEM Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 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 GEM Fire Service 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 23 June 2016 and, in accordance with s.54, will operate from 30 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

The applicants, GEM Fire Service Pty Ltd and CEPU - Plumbing Division (Vic) sought approval from the Fair Work Commission for their Fire Protection Agreement 2015-2019. The agreement was contested by the Electrical Trades Union (Vic) and the National Electrical and Communications Association. The applicants aimed to establish an enterprise agreement that would govern the terms and conditions of employment for their employees within the fire protection industry. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to determine were whether the agreement contained the necessary provisions for minimum wages and entitlements, if it allowed for fair and flexible working arrangements, and whether it adhered to the principles of the national workplace relations system. The Commission also had to consider if the agreement provided for the proper representation and participation of employees in the negotiation process.

In delivering its decision, the Fair Work Commission noted that the agreement included provisions for minimum wages and entitlements, as well as provisions for flexible working arrangements. The Commission found that the agreement adhered to the principles of the national workplace relations system and provided for proper representation and participation of employees. The Commission concluded that the agreement met the necessary criteria for approval and granted approval for the GEM Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019.

The Fair Work Commission granted approval for the agreement and directed that it be registered with the Fair Work Commission. The Commission also ordered that the agreement would be in effect from 1 July 2015 until 30 June 2019, subject to the terms and conditions set out in the agreement. The approval of the agreement ensures that the terms and conditions of employment for employees within the fire protection industry are governed by a fair and effective enterprise agreement.

GEM Fire Service 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