| [2024] FWCA 2256 |
| 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
(AG2024/2007)
EXCLUSIVE FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Fire fighting services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 18 JUNE 2024 |
Application for approval of the Exclusive Fire Solutions 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 Exclusive Fire Solutions 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
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
Printed by authority of the Commonwealth Government Printer
<AE525086 PR776145>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2256
- Case
- [2024] FWCA 2256
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission included whether the agreement provided for fair terms and conditions, including minimum wages and conditions, and whether it complied with the provisions concerning the protection of employees from unfair dismissal. Additionally, the Commission needed to assess whether the agreement included provisions that were contrary to public policy or had any other invalidity. The Commission also had to consider whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including whether proper consultation had occurred.
The Fair Work Commission examined the agreement clause by clause and found that it met all the necessary requirements under the Fair Work Act. The Commission noted that the agreement provided for fair wages and conditions and did not contain any terms that were contrary to public policy. The Commission also found that the agreement had been made in accordance with the relevant provisions of the Act, including proper consultation. As such, the Commission approved the agreement and found that it met all the necessary requirements for formal approval.
The Fair Work Commission approved the Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, finding that it met all the necessary requirements under the Fair Work Act. The agreement was approved and will now be registered with the Fair Work Commission. The decision is final and binding on the parties involved.
Orders
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Background
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Evidence
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Decision
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