DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker Fire Protection Pty Ltd
(AG2016/7332)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Walker Fire Protection 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 Walker Fire Protection 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 Walker 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 14 December 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

The matter before the court was an application by Walker Fire Protection Pty Ltd for approval of a fire protection agreement with the CEPU - Plumbing Division (Vic). The dispute centred around the compliance of the proposed agreement with the relevant legislative framework governing the approval of fire protection agreements in Victoria. The application was heard in the Civil and Administrative Appeals Division of the Supreme Court of Victoria.

The central legal issue that the court had to address was whether the proposed fire protection agreement satisfied the requirements set forth in the Fire Protection Act 2014 (Vic). Specifically, the court needed to determine if the agreement met the standards and conditions specified by the Act, including the qualifications and experience of personnel, the scope of services, and the financial stability of Walker Fire Protection Pty Ltd. The court also had to consider whether the agreement provided adequate protection to the public and aligned with the objectives of the Act.

In delivering the judgment, the court thoroughly examined the provisions of the proposed agreement and the relevant statutory criteria. The court found that the agreement met all the necessary requirements as stipulated in the Fire Protection Act 2014 (Vic). The agreement was comprehensive, detailing the qualifications and experience of the personnel, the range of services provided, and the financial standing of Walker Fire Protection Pty Ltd. The court was satisfied that the agreement ensured the protection of the public and adhered to the legislative objectives. Consequently, the court approved the agreement, allowing it to proceed as intended.

The final orders of the court were that the Walker Fire Protection Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2016-2019 be approved in accordance with the provisions of the Fire Protection Act 2014 (Vic). The approval was subject to the terms and conditions outlined in the agreement, ensuring that all requirements and standards were met and upheld.

Walker 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