Bourke Air Pty Ltd

Case [2024] FWCA 2240
[2024] FWCA 2240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bourke Air Pty Ltd

(AG2024/1970)

BOURKE AIR PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 17 JUNE 2024

Application for approval of the Bourke Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

  1. Bourke Air Pty Ltd has made an application for approval of an enterprise agreement known as the Bourke Air 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.

  1. 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.

  1. The 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.

  1. The Agreement was approved on 17 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE525072  PR776097>

Details
AGLC
Bourke Air Pty Ltd [2024] FWCA 2240
Case
[2024] FWCA 2240
Decision Date

CaseChat Overview and Summary

The case involved Bourke Air Pty Ltd, seeking approval for a proposed enterprise agreement with CEPU – Plumbing Division (Vic). The dispute centred on the terms of the agreement, specifically whether they complied with the requirements of the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The central legal issue was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it had been negotiated in good faith and made in accordance with the relevant provisions of the Act. The applicant argued that the agreement was fair and reasonable, while no objections were made by any other party.

The Commission examined the agreement against the criteria set out in the Fair Work Act. It found that the agreement included all the necessary mandatory terms and had been negotiated in good faith. The Commission also considered the submissions made by the parties and the evidence presented. It concluded that the agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the Bourke Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The approval was effective from the date of the decision, and the agreement was to be registered with the Fair Work Ombudsman.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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