| [2017] FWCA 976 |
| 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
(AG2017/297)
SHIELD FIRE PROTECTION PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 – 2019
Plumbing industry | |
COMMISSIONER GREGORY | MELBOURNE, 17 FEBRUARY 2017 |
Application for approval of the Shield Fire Protection Pty Ltd & 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 Shield Fire Protection 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 the 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 24 February 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 976
- Case
- [2017] FWCA 976
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement provided for a fair and efficient workplace and met the "better off overall test." This test required the Commission to determine if the proposed agreement would provide employees with a better outcome than the applicable minimum safety net of entitlements under the relevant award. The Commission also needed to consider whether the agreement provided for a fair and efficient workplace and if it complied with the procedural requirements set out in the Fair Work Act.
In considering the application, the Commission assessed the proposed agreement against the statutory criteria for approval. The Commission found that the agreement provided for a fair and efficient workplace and met the better off overall test. The terms and conditions of employment, including wages, leave entitlements, and other workplace benefits, were deemed to be fair and reasonable. The Commission further determined that the agreement complied with the procedural requirements and did not contravene any provisions of the Fair Work Act. Based on this assessment, the Commission approved the agreement.
The Fair Work Commission approved the Shield Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The approval took effect from the date of the decision, and the agreement became the applicable enterprise agreement for the employees covered by it.
Orders
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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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