| [2017] FWCA 4879 |
| 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
(AG2017/3764)
ALIGHT FIRE PROTECTION & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019
Plumbing industry | |
COMMISSIONER GREGORY | MELBOURNE, 19 SEPTEMBER 2017 |
Application for approval of the Alight Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019.
[1] An application has been made for approval of an enterprise agreement known as the Alight Fire Protection & 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.
[2] 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.
[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) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2017. 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 [2017] FWCA 4879
- Case
- [2017] FWCA 4879
- Decision Date
CaseChat Overview and Summary
The central legal issues pertained to whether the agreement satisfied the criteria for being a "single enterprise agreement" and whether it contained terms that complied with the Fair Work Act's provisions. Specifically, the Commission needed to determine if the agreement was made in good faith, whether it included the mandatory terms, and if the process leading to the agreement was fair and reasonable. Additionally, the Commission had to examine if the agreement met the requirements of being "in writing" and if it was accessible to all parties involved.
The Fair Work Commission found that the application met all necessary criteria for approval. The agreement was determined to be a single enterprise agreement, covering employees within the specified industry, and it contained all mandatory terms required by the Fair Work Act. The Commission concluded that the agreement was made in good faith and that the process followed was fair and reasonable. The terms of the agreement were deemed to comply with the provisions of the Act, and the agreement itself was found to be in writing and accessible to all relevant parties.
The Fair Work Commission approved the Alight Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The decision was made in accordance with the Fair Work Act 2009, ensuring that the agreement would govern the employment conditions for the specified period and that all parties were bound by the terms as outlined.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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