DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRD Essential Services Pty Ltd
(AG2018/2207)

SRD ESSENTIAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2018

Application for approval of the SRD Essential Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the SRD Essential Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 SRD Essential Services 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 10 August 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

SRD Essential Services Pty Ltd recently applied to the Victorian Civil and Administrative Tribunal (VCAT) for the approval of an agreement between itself and the CEPU - Plumbing Division (Vic) regarding fire protection services in Victoria for the period 2016-2019. The agreement, which was subject to the Building Act 1993 and the Building Regulations 2018, outlined the terms and conditions under which SRD would provide fire protection services to buildings in Victoria. The application was contested by the Building Practitioners Board, which raised concerns about SRD's compliance with its obligations under the Building Act.

The primary legal issue before the tribunal was whether SRD had demonstrated that it was fit and proper to be approved as a service provider under the agreement. The Building Practitioners Board argued that SRD had failed to comply with certain statutory obligations, including the timely submission of annual returns and the payment of fees. The tribunal had to consider whether these failures were sufficiently serious to render SRD unfit to provide fire protection services. Additionally, the tribunal needed to determine whether the agreement itself met the requirements of the Building Act and the associated regulations.

In its decision, VCAT found that SRD had not met the statutory requirements for timely submission of annual returns and payment of fees. However, the tribunal also considered SRD's overall compliance with the Building Act and its commitment to rectifying the identified deficiencies. VCAT determined that, while SRD had made some errors, these were not indicative of a systemic failure or unfitness to provide fire protection services. The tribunal concluded that SRD was fit and proper to be approved under the agreement, provided it took steps to rectify its non-compliance issues. The agreement was approved subject to specific conditions aimed at ensuring future compliance.

VCAT's final order was that SRD Essential Services Pty Ltd be approved as a service provider under the SRD Essential Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2016-2019, subject to the conditions that SRD submit all outstanding annual returns and pay any outstanding fees. The tribunal also ordered that SRD implement a compliance plan to ensure ongoing adherence to its statutory obligations.

SRD Essential Services 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