| [2020] FWCA 5919 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3209)
CB FIRE PROTECTION PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024
Plumbing industry | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 5 NOVEMBER 2020 |
Application for approval of the CB Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the CB Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] 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.
[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 5 November 2020 and, in accordance with s 54, will operate from 12 November 2020. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2020] FWCA 5919
- Case
- [2020] FWCA 5919
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion. Additionally, the court had to consider if the agreement provided fair and reasonable terms for both employers and employees, and if it complied with the relevant provisions of the Act.
In delivering the decision, the Fair Work Commission emphasised the importance of a fair and equitable enterprise agreement. The court found that the proposed agreement met the necessary requirements under the Fair Work Act 2009, as it provided for fair and reasonable terms for both employers and employees. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion. The court also noted that the agreement included provisions that were in line with the relevant provisions of the Act, such as minimum wage rates, leave entitlements, and dispute resolution mechanisms.
As a result, the Fair Work Commission approved the CB Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. This decision ensures that the terms and conditions of employment for workers in the fire protection industry will be governed by this agreement, providing a fair and reasonable framework for both employers and employees.
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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