DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leemark Fire Protection Pty Ltd
(AG2016/1316)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of the Leemark 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 Leemark 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 Leemark 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 7 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 case involved Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic), which sought approval of their fire protection agreement for Victoria from 2015 to 2019. The application was before the relevant industrial tribunal in Australia. The primary dispute centred on whether the proposed agreement complied with the necessary legal and regulatory standards applicable to fire protection services in Victoria.

The tribunal was tasked with determining if the agreement met the criteria set out in relevant industrial legislation and regulations, including provisions regarding wage rates, working conditions, and dispute resolution mechanisms. The court had to assess if the agreement provided adequate protection for workers and if it aligned with the broader objectives of the industrial framework.

The tribunal carefully reviewed the terms of the agreement, considering submissions from both parties. It found that the proposed agreement was consistent with the applicable laws and standards, providing fair and reasonable terms for both employers and employees. The tribunal concluded that the agreement was in compliance and approved it, allowing it to be implemented for the specified period.

As a result of the tribunal's decision, the Leemark Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 was approved, and the parties were bound by its terms for the duration of the agreement. This decision provided clarity and certainty for both employers and employees within the fire protection industry in Victoria during the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established