| [2024] FWCA 1711 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Barden - Steeldeck Industries Pty Ltd
(AG2024/1415)
BARDEN – STEELDECK INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 10 MAY 2024 |
Application for approval of the Barden – Steeldeck Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027
Barden - Steeldeck Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Barden – Steeldeck Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 10 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Barden - Steeldeck Industries Pty Ltd [2024] FWCA 1711
- Case
- [2024] FWCA 1711
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for a safety net of minimum wages and conditions, and whether it was free from any provisions that were contrary to public policy. The Commission also had to determine if the agreement was made in good faith and if it complied with procedural fairness. The Commission examined the submissions from both parties and considered the provisions of the agreement, including wages, hours of work, leave entitlements, and other employment conditions.
The Fair Work Commission found that the proposed agreement satisfied the statutory requirements under the Fair Work Act. The agreement was deemed to provide for a safety net of minimum wages and conditions and did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement was made in good faith and that the process leading to its creation was fair. The Commission approved the Barden – Steeldeck Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, confirming its compliance with the relevant legislative provisions and its suitability for the workforce.
The final orders of the Commission were to approve the enterprise agreement, which will now govern the terms and conditions of employment for the employees of Steeldeck Industries Pty Ltd under Barden from 1 January 2024 until 31 December 2027. The agreement, once registered, will have the effect of a registered agreement under the Fair Work Act.
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Background
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