DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Fire Systems Pty Ltd
(AG2016/1317)

NETWORK FIRE SYSTEMS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of the Network Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Network Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Network Fire Systems 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

In the Fair Work Commission, Network Fire Systems Pty Ltd, the applicant, sought approval of the Network Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2016 - 2019. The respondent, CEPU - Plumbing Division (Vic), contested the approval, asserting several issues concerning the agreement's compliance with statutory requirements.

The legal issues before the Commission centred on whether the agreement satisfied the formal requirements set out in the Fair Work Act 2009, including the necessity for proper certification and the absence of any invalid provisions. The Commission needed to determine if the agreement met all legal criteria for approval, particularly focusing on the validity of the certification process and the substantive terms of the agreement.

The Commission examined the evidence provided regarding the certification of the agreement, including the declaration by the union official that the agreement had been properly discussed and agreed upon by the employees. It was noted that the union had a valid authorisation to negotiate on behalf of the employees and that the agreement had been duly certified. The Commission found that the agreement complied with the statutory requirements and was, therefore, valid and binding. The substantive terms of the agreement were also found to be in line with the law, with no provisions that would render the agreement invalid.

Accordingly, the Commission approved the enterprise agreement, determining that it was a lawful and properly certified agreement. The final orders included the approval of the Network Fire Systems Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2016 - 2019, effective from the date of the decision.

Network Fire Systems 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