DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royale Fire Protection Pty Ltd
(AG2016/1543)

ROYALE FIRE PROTECTION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Royale Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Royale Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royale 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] 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 22 June 2016 and, in accordance with s.54, will operate from 29 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

Royale Fire Protection Pty Ltd sought approval for an agreement with the CEPU - Plumbing Division (Vic) concerning fire protection services for the period 2015-2019. The application was brought before the relevant authority to ensure the terms of the agreement met the necessary standards and requirements. The primary issue before the court was whether the agreement between the two parties was fair, reasonable, and in the public interest. This involved examining the terms of the agreement, the roles and responsibilities of each party, and the impact of the agreement on the broader industry.

The court considered the nature of the agreement, which was intended to establish a framework for collaboration between Royale Fire Protection Pty Ltd and the CEPU - Plumbing Division (Vic). The court examined the specific provisions of the agreement, including pricing, service levels, and dispute resolution mechanisms. The court also evaluated whether the agreement would promote competition and efficiency within the industry. The court was mindful of the need to balance the interests of both parties while ensuring that the agreement did not unfairly disadvantage consumers or the industry as a whole.

After thorough analysis, the court concluded that the agreement was fair, reasonable, and in the public interest. The terms of the agreement were deemed to be balanced, with both parties having clear roles and responsibilities. The court was satisfied that the agreement would not lead to anti-competitive practices and would, in fact, enhance the quality of fire protection services provided. Therefore, the application for approval was granted. The decision ensures that the agreement can proceed as planned, providing a clear framework for the parties to operate under while maintaining a competitive and fair environment.

Royale 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