| [2020] FWCA 5070 |
| 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
(AG2020/2604)
FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024
Plumbing industry | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 21 SEPTEMBER 2020 |
Application for approval of the Dependable Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.
[1] 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 Dependable Fire Services 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
[4] 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 21 September 2020 and, in accordance with s 54, will operate from 28 September 2020. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE509075 PR722965>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2020] FWCA 5070
- Case
- [2020] FWCA 5070
- Decision Date
CaseChat Overview and Summary
The court had to address whether the agreement contained all the mandated minimum terms and conditions, and if it was fair and reasonable in all its aspects. The FWC assessed the provisions of the agreement to ensure they did not undermine the minimum safety net of entitlements and that the agreement was genuinely negotiated. Additionally, the court examined whether the agreement provided for proper mechanisms for dispute resolution.
The FWC found that the agreement contained all the required minimum terms and conditions and was not contrary to the minimum safety net of entitlements. It was concluded that the agreement was genuinely negotiated and provided adequate mechanisms for dispute resolution. Consequently, the FWC approved the Dependable Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. The decision was made under section 233 of the Fair Work Act 2009, granting the application for approval of the enterprise agreement.
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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