DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Fire Pty Ltd
(AG2017/5889)

PREMIER FIRE PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Fire 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 December 2017 and, in accordance with s.54, will operate from 22 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Premier Fire Pty Ltd applied for approval of the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The respondents argued that the agreement failed to meet certain statutory requirements. The application was heard in the Fair Work Commission.

The central issue was whether the agreement met the standards required by the Fair Work Act 2009. Specifically, the respondents challenged the agreement's provisions regarding minimum working hours, casual loading, and penalty rates. They argued that these provisions did not comply with the statutory minimum standards. The commission examined the terms of the agreement and the relevant provisions of the Fair Work Act to determine if the agreement was compliant.

The commission concluded that the agreement was compliant with the statutory minimum standards. The provisions regarding minimum working hours, casual loading, and penalty rates were consistent with the requirements of the Fair Work Act. The commission found that the agreement met the necessary standards and approved it. The decision was based on a detailed analysis of the agreement's terms and the relevant legislative framework.

The Fair Work Commission approved the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The agreement was found to comply with the Fair Work Act 2009, and the challenges raised by the respondents were dismissed.

Premier Fire 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