| [2024] FWCA 2669 |
| 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
(AG2024/2529)
KIM & WOO PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Fire fighting services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 18 JULY 2024 |
Application for approval of the Kim & Woo Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Kim & Woo Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 18 July 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525493 PR777153>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2669
- Case
- [2024] FWCA 2669
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of this application pertained to whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for simplicity, transparency, and if it was appropriately certified as a simple greenfields agreement. The court also needed to ensure that the agreement was fair and reasonable in all its terms and conditions.
In reaching its decision, the court meticulously reviewed the proposed agreement against the statutory benchmarks. It confirmed that the agreement was indeed straightforward and easy to understand, fulfilling the criteria for a simple greenfields agreement. The court found that the certification process was properly followed, and that the agreement did not contain any terms that were unfair or unreasonable. Consequently, the court approved the enterprise agreement, acknowledging its alignment with the legislative requirements and its fairness to both parties involved.
The final orders of the court were to approve the Kim & Woo Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from the date of approval. This decision legally binds the parties to the terms outlined in the agreement for the specified period, ensuring that the employees' terms and conditions of employment are governed by the approved agreement.
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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