DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trojan Fire Protection Pty Ltd
(AG2016/5767)

TROJAN FIRE PROTECTION PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trojan 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.

[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 11 October 2016. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Trojan Fire Protection Pty Ltd, the applicant sought approval for the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016. The applicant, which operates in the fire protection industry, had entered into an enterprise agreement with the union representing its employees. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory provisions for enterprise agreements. This included assessing whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission also had to consider whether the agreement had been fairly negotiated and whether it provided for the proper resolution of disputes.

The Commission found that the agreement met the statutory requirements for approval. It determined that the agreement had been made in good faith, contained the necessary minimum terms and conditions, and had been fairly negotiated. The Commission also found that the agreement provided for the proper resolution of disputes through a fair and effective dispute resolution process. Consequently, the Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act 2009.

The Commission approved the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016. This decision confirmed the validity of the agreement, which now serves as the basis for the terms and conditions of employment for the union's members within the applicant's business.

Trojan 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