| [2024] FWCA 2261 |
| 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
(AG2024/2012)
PFS MANAGEMENT PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 18 JUNE 2024 |
Application for approval of the PFS Management 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 PFS Management 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.
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 and 188 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 June 2024.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2261
- Case
- [2024] FWCA 2261
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the enterprise agreement was a "good faith" bargain, whether it met the "better off overall test", and whether it complied with the various provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement contained provisions that were contrary to public policy, whether it adequately protected the rights and interests of employees, and if it provided for fair and reasonable terms and conditions of employment.
After thorough consideration, the Commission found that the agreement was a genuine attempt by the parties to bargain in good faith. The agreement was deemed to meet the better off overall test, as it provided for a fair and reasonable set of terms and conditions for the employees. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy and that it adequately protected the rights and interests of the employees. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the Fair Work Act.
The Fair Work Commission approved the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The decision was based on the findings that the agreement was a genuine attempt by the parties to bargain in good faith, met the better off overall test, did not contain any provisions contrary to public policy, and adequately protected the rights and interests of the employees. The agreement was therefore approved and will govern the terms and conditions of employment for the relevant workers within the specified industries and unions.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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