DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZA Constructions Pty Ltd T/A Specialised Fire Protection
(AG2016/1477)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Specialised Fire Protection 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 Specialised Fire Protection 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 ZA Constructions Pty Ltd T/A Specialised Fire Protection. 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 20 June 2016 and, in accordance with s.54, will operate from 27 June 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 case involved ZA Constructions Pty Ltd, trading as Specialised Fire Protection, and the Specialised Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The applicant sought the court's approval for the aforementioned agreement. This application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement met the criteria for an enterprise agreement as outlined in section 231 of the Fair Work Act 2009. The FWC had to assess if the agreement covered certain terms and conditions of employment, and if it was negotiated in good faith, and covered a designated group of employees. Furthermore, the FWC had to determine whether the agreement complied with the provisions of the Act and the Fair Work Regulations 2009.

In determining whether the agreement was suitable for approval, the FWC considered the negotiating process, the content of the agreement, and the compliance with the relevant statutory requirements. The FWC found that the agreement was negotiated in good faith, contained terms and conditions of employment, and covered a designated group of employees. The FWC also found that the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Consequently, the FWC approved the agreement.

The FWC ordered that the Specialised Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved and registered as an enterprise agreement under the Fair Work Act 2009. This decision is binding on the parties involved and provides a framework for the terms and conditions of employment within the specified period.

ZA Constructions Pty Ltd T/A Specialised Fire Protection

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established