DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetfire Fire Protection Pty Ltd
(AG2016/1560)

JETFIRE FIRE PROTECTION 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 Jetfire 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 Jetfire 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 Jetfire 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 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

Jetfire Fire Protection Pty Ltd applied to the Fair Work Commission for approval of an agreement with the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were contrary to the public interest, as required by section 234(2)(a) of the Act. Specifically, the CEPU argued that certain provisions in the agreement would undermine workers' rights and protections.

The Commission examined the provisions of the agreement in light of the statutory criteria, including the need to ensure that the agreement did not undermine the rights and protections of workers. The Commission considered the provisions regarding the use of subcontracted labour, the payment of wages, and the provision of workplace safety measures. The CEPU argued that these provisions could lead to a reduction in workers' pay and conditions and potentially compromise safety standards.

After thorough analysis, the Commission determined that the provisions in the agreement did not contravene the public interest. The Commission found that the provisions were consistent with the principles of the Fair Work Act and did not undermine the rights and protections of workers. The Commission also noted that the agreement included measures to ensure that subcontracted labour was paid at least the prevailing wage rates and that workplace safety standards were maintained. Consequently, the Commission approved the agreement under section 234 of the Act.

The Commission's decision was communicated to the parties, and the agreement was approved, effective from the specified period. This decision ensures that the agreement will be legally binding and enforceable, providing a framework for the employment relationship between Jetfire Fire Protection Pty Ltd and the CEPU.

Jetfire 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