DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grant Fire Services Pty Ltd
(AG2016/3962)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Grant 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 Grant 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 Grant 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 2 August 2016 and, in accordance with s.54, will operate from 9 August 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 applicant, Grant Fire Services Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement with the CEPU - Plumbing Division (Vic). The applicant sought approval under section 172 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if it meets certain criteria. The dispute arose as a result of the applicant and the union being unable to reach an agreement on the terms of the enterprise agreement.

The legal issues before the Commission were whether the enterprise agreement met the requirements of section 172 of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider whether the agreement was fair and reasonable, and whether it provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission also had to consider whether the agreement provided for adequate protections for employees, including provisions for redundancy and other employment-related matters.

The Commission found that the enterprise agreement met the requirements of section 172 of the Fair Work Act 2009 and was in the best interests of the employees. The Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties and that it provided for adequate protections for employees. The Commission approved the enterprise agreement and made orders to that effect.

The Fair Work Commission approved the enterprise agreement between Grant Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) for the period 2015-2019. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission made orders approving the enterprise agreement and directing that it be registered with the Commission. The applicant and the union were directed to take all necessary steps to give effect to the approved agreement.

Grant 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