Kaizen Fire Protection Summary

[2014] FWCA 5923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kaizen Fire Protection
(AG2014/7109)

KAIZEN FIRE PROTECTION AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 AUGUST 2014

Application for approval of the Kaizen Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kaizen Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 4 September 2014. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between Kaizen Fire Protection and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015. The matter was heard by the Fair Work Commission, specifically in the context of reviewing the proposed agreement under the Fair Work Act 2009.

The court was tasked with examining whether the collective agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it contained appropriate mechanisms for resolving disputes. The specific issues included whether the agreement adequately addressed provisions related to penalty rates, overtime, and the classification of employees.

The Fair Work Commission found that the agreement was fair and reasonable on the whole, despite some concerns regarding the penalty rates and overtime provisions. The Commission determined that while the proposed rates were lower than those in the previous agreement, the overall package provided by the agreement, including other benefits such as additional leave entitlements and improved conditions for certain classifications, was sufficient to meet the fairness test. The Commission also noted the inclusion of a dispute resolution mechanism, which it considered adequate for the purposes of the Act. As a result, the Commission approved the agreement.

The Fair Work Commission's final order was to approve the Kaizen Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015, subject to the specific conditions and provisions outlined in the agreement.

Kaizen Fire Protection

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established