| [2016] FWCA 3179 |
| 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
(AG2016/3177)
ALERT FIRE PROTECTION SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015-2019
Plumbing industry | |
COMMISSIONER LEE | MELBOURNE, 20 MAY 2016 |
Application for approval of the Alert Fire Protection Services 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 Alert Fire Protection Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[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) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2016. 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 [2016] FWCA 3179
- Case
- [2016] FWCA 3179
- Decision Date
CaseChat Overview and Summary
The central legal issues the Fair Work Commission needed to address were whether the agreement contained all the mandated minimum terms and conditions, if it provided fair and reasonable terms for employees, and if it complied with the provisions of the Fair Work Act. The Commission also considered whether the agreement adequately addressed the specific needs of the employees in the industry and if it was negotiated in good faith.
In its decision, the Fair Work Commission determined that the agreement contained all the mandated minimum terms and conditions, provided fair and reasonable terms for the employees, and complied with the Fair Work Act. The Commission found that the agreement was negotiated in good faith and that it adequately addressed the specific needs of the employees in the industry. As a result, the Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act.
The final orders of the Fair Work Commission included the approval of the Alert Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019, with the agreement to be in effect from 1 January 2015 to 31 December 2019. The Commission also directed that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Commission's website.
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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