DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TCM Solutions Pty Ltd
(AG2017/466)

TCM SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2016-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the TCM Solutions 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 TCM Solutions 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 TCM 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. 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 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TCM Solutions Pty Ltd applied for approval of an agreement between themselves and CEPU - Plumbing Division (Vic) for the provision of fire protection services in Victoria from 2016 to 2019. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of ensuring fair and effective representation of employees' interests.

The Commission examined the proposed agreement to ensure it met the necessary standards for approval. Key considerations included whether the agreement provided for genuine enterprise bargaining, covered all employees within the scope of the agreement, and did not undermine the right of employees to take protected industrial action. The Commission also assessed whether the agreement contained adequate provisions for the resolution of disputes and the protection of employee rights.

After reviewing the evidence and submissions from both parties, the Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for genuine enterprise bargaining, included appropriate dispute resolution mechanisms, and did not undermine the rights of employees to take protected industrial action. Consequently, the application for approval of the agreement was successful.

The Commission approved the TCM Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2016-2019, effective from the date of the decision. The agreement is now legally binding on the parties involved and will govern the terms of employment and industrial relations for the specified period.

TCM 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