DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Select Fire Solutions Pty Ltd
(AG2018/5095)

SELECT FIRE SOLUTIONS AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 24 OCTOBER 2018

Application for approval of the Select Fire Solutions and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Select Fire Solutions and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 Select Fire Solutions 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 31 October 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Select Fire Solutions Pty Ltd, sought approval for the Select Fire Solutions and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 from the Australian Competition and Consumer Commission (ACCC). The applicant's request was in accordance with section 46D of the Competition and Consumer Act 2010. The respondent, CEPU - Plumbing Division (Vic), opposed the application. The dispute was heard in the Federal Court of Australia.

The central legal issue before the court was whether the agreement between Select Fire Solutions and CEPU - Plumbing Division (Vic) met the criteria for exemption from the prohibition on anti-competitive agreements under section 45 of the Competition and Consumer Act 2010. Specifically, the court had to determine if the agreement was likely to ensure participants complied with laws relating to fire protection equipment and systems, and if it was necessary for the protection of public safety. The court also had to consider whether the benefits of the agreement outweighed any anti-competitive effects.

The court found that the agreement was likely to ensure compliance with relevant laws and was necessary for the protection of public safety. The court emphasised the importance of fire protection in maintaining public safety and concluded that the agreement's benefits in terms of ensuring compliance and protecting public safety outweighed any potential anti-competitive effects. The court approved the agreement, finding that it met the criteria for exemption under section 46D of the Competition and Consumer Act 2010. The orders made by the court reflected its approval of the agreement, allowing it to proceed as intended.

Select Fire Solutions 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