DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Proficient Fire Protection Pty Ltd
(AG2016/1707)

PROFICIENT FIRE PROTECTION PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 AUGUST 2016

Application for approval of the Proficient Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Proficient Fire Protection Pty Ltd Sprinkler Fitters 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 Proficient 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 11 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Proficient Fire Protection Pty Ltd sought approval of the Proficient Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016 - 2019 from the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union and the Electrical Trades Union. The applicants argued that the agreement was appropriate and fair for the employees, while the unions claimed it was inadequate in various respects.

The court was required to determine whether the agreement was in the interests of the employees, particularly considering the provisions for minimum rates of pay, penalty rates, and the scope of the agreement. The unions argued that the agreement did not provide sufficient protections for the employees and failed to meet the standards set by the Fair Work Act 2009. The applicants maintained that the agreement was fair and reasonable, providing adequate protections for the employees.

The Fair Work Commission found that the agreement was appropriate and fair for the employees. The Commission considered the evidence provided by both parties and determined that the agreement provided adequate protections for the employees and met the standards set by the Fair Work Act. The Commission approved the agreement and ordered that it be registered as a registered agreement.

The Fair Work Commission's decision was based on a detailed analysis of the evidence provided by both parties and a thorough consideration of the provisions of the agreement. The Commission found that the agreement provided adequate protections for the employees and met the standards set by the Fair Work Act. The Commission's decision was based on a careful consideration of the interests of the employees and the need to balance those interests with the interests of the employers.

Proficient Fire Protection 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