| [2018] FWCA 2223 |
| 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
(AG2018/577)
Regal Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019
| Electrical contracting industry | |
| Commissioner Cirkovic | MELBOURNE, 18 APRIL 2018 |
Application for approval of the Regal Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019.
An application has been made for approval of an enterprise agreement known as the Regal Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.
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.
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.
The Agreement was approved on 18 April 2018 and, in accordance with s.54, will operate from 25 April 2018. The nominal expiry date of the Agreement is 30 September 2019.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCA 2223
- Case
- [2018] FWCA 2223
- Decision Date
CaseChat Overview and Summary
The court examined the provisions of the enterprise agreement, including the pay rates, leave entitlements, and dispute resolution mechanisms. The union argued that the agreement provided for fair and reasonable terms and conditions of employment, while the employer argued that some of the provisions were not reasonable or fair. The court found that the agreement was generally fair and reasonable, but that some provisions needed to be modified to comply with the legislation. The court made orders approving the agreement with modifications to certain provisions.
The court's reasoning was based on a careful analysis of the provisions of the enterprise agreement and the relevant legislation. The court found that the agreement provided for fair and reasonable terms and conditions of employment for the majority of the employees covered by the agreement, but that some provisions needed to be modified to comply with the legislation. The court made orders approving the agreement with modifications to certain provisions, including the pay rates and leave entitlements. The final orders of the court approved the enterprise agreement with modifications, subject to certain conditions and requirements.
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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