DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamilton Fire Protection Pty Ltd
(AG2016/1228)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the Hamilton 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 Hamilton 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 Hamilton 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 3 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 matter before the court was an application by Hamilton Fire Protection Pty Ltd for the approval of a collective agreement between themselves and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The application was heard in the Fair Work Commission. The central issue before the court was whether the agreement in question complied with the provisions of the Fair Work Act 2009 (Cth) and whether it met the necessary criteria for approval under the legislation.

In considering the legal issues, the court examined the terms of the agreement and whether they aligned with the requirements of the Fair Work Act. The court was required to determine if the agreement provided for appropriate dispute resolution mechanisms, if it contained terms that were fair and reasonable, and if it adhered to the principles of good faith bargaining. Additionally, the court needed to assess if the agreement provided for appropriate protections for employees and employers, and whether it promoted harmonious, productive, and cooperative workplace relations.

After a thorough examination of the agreement, the court determined that the Hamilton Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 complied with the necessary legal requirements and met the criteria for approval under the Fair Work Act. The court found that the agreement provided for appropriate dispute resolution mechanisms, contained fair and reasonable terms, and adhered to the principles of good faith bargaining. Furthermore, the court concluded that the agreement provided for adequate protections for both employees and employers, and promoted harmonious, productive, and cooperative workplace relations. Therefore, the court approved the agreement, allowing it to come into effect.

As a result of the court's decision, the Hamilton Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 was approved and is now in force. This outcome ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement, providing certainty and stability for both employers and employees in the fire protection industry.

Hamilton 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