Pinnacle Fire Services Pty Ltd

[2022] FWCA 4496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pinnacle Fire Services Pty Ltd

(AG2022/5203)

Pinnacle Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020–2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Pinnacle Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023

Pinnacle Fire Services Pty Ltd has made an application for approval of an enterprise agreement known as the Pinnacle Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 19 December 2022 and, in accordance with s 54, will operate from 26 December 2022. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Pinnacle Fire Services Pty Ltd to approve an agreement between itself and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria for the years 2020 to 2023. The application was heard in the Fair Work Commission, the tribunal tasked with overseeing employment agreements and ensuring they comply with relevant labour laws.

The legal issues centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it provided for fair terms and conditions for the employees involved. The Commission also had to ensure that the agreement did not undermine the fundamental rights of employees as protected under the Act.

The Commission examined the submissions and evidence presented by both parties, focusing on the negotiation process and the content of the proposed agreement. It assessed whether the agreement was genuinely negotiated and if it provided for terms that were fair and reasonable. After thorough consideration, the Commission found that the agreement was made in good faith and did not disadvantage employees. Consequently, the Commission approved the agreement, allowing it to proceed as intended.

The final orders of the Commission were to approve the agreement between Pinnacle Fire Services Pty Ltd and the CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria for the specified period. This decision confirmed the validity of the agreement, enabling both parties to proceed with the terms and conditions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established