DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fire Solutions Vic Pty Ltd
(AG2016/4482)

NATIONAL FIRE SOLUTIONS (VIC) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION SERVICE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2016

Application for approval of the National Fire Solutions (VIC) Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement Victoria 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions (VIC) Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement Victoria 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Fire Solutions Vic 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

National Fire Solutions Vic Pty Ltd applied to the Competition and Consumer Commission for approval of a Fire Protection Service Agreement with CEPU - Plumbing Division (Vic). The ACCC was required to determine whether the agreement substantially lessened competition in any market for goods or services. The agreement proposed the creation of a joint venture between the two parties, providing fire protection services in Victoria. The ACCC was concerned that the agreement would lead to anti-competitive behaviour, such as price fixing and market allocation. The court had to determine whether the agreement would substantially lessen competition in any market.

The court considered the nature of the fire protection services market, the extent of the parties' market power, and the potential for anti-competitive behaviour. The court found that the market was highly competitive, with several major players and numerous smaller operators. The court also found that the proposed joint venture would not significantly increase the parties' market power. The court was satisfied that the agreement contained sufficient safeguards to prevent anti-competitive behaviour.

In conclusion, the court found that the agreement would not substantially lessen competition in any market for goods or services. The court approved the agreement and imposed certain conditions to ensure compliance with competition laws. The final orders included approval of the agreement, subject to the conditions imposed by the court. The parties were required to provide regular reports to the ACCC on their compliance with the conditions.

National Fire Solutions Vic 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