| [2024] FWCA 2683 |
| 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
(AG2024/2595)
HUTCHISON FIRE PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Fire fighting services | |
| COMMISSIONER LEE | MELBOURNE, 19 JULY 2024 |
Application for approval of the Hutchison Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028
An application has been made for approval of an enterprise agreement known as the Hutchison Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (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.
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 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 is approved and, in accordance with s.54 of the Act, will operate from 26 July 2024. The nominal expiry date of the Agreement is 29 February 2028.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2683
- Case
- [2024] FWCA 2683
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission had to address was whether the agreement met the requirements of the Fair Work Act 2009, including provisions concerning the coverage of the agreement, the process for its negotiation, and whether it contained terms that were in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was negotiated in good faith and if it contained terms that were fair and reasonable, considering the overall context of the enterprise.
The Fair Work Commission determined that the agreement was indeed negotiated in good faith and that the terms were fair and reasonable. The Commission was satisfied with the process that led to the agreement and found that it appropriately covered the intended employees. It was also noted that the agreement contained provisions that were beneficial to both the employer and the employees, including competitive wages, fair working conditions, and dispute resolution mechanisms. Given these findings, the Commission approved the enterprise agreement.
As a result of the approval, the Enterprise Agreement between Hutchison Fire Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as well as the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union, was approved and will be effective from the specified period of 2024 to 2028. The Commission's decision was made in accordance with the provisions of the Fair Work Act 2009 and ensures that the rights and obligations of both parties are upheld within the agreed terms.
Orders
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Background
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Evidence
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Decision
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