| [2024] FWCA 2214 |
| 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
(AG2024/1944)
MAN.CO FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 14 JUNE 2024 |
Application for approval of the Man.Co 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 Man.Co 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 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 14 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525048 PR776026>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2214
- Case
- [2024] FWCA 2214
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission had to address was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, including whether it contained the necessary minimum entitlements, and whether it had been fairly negotiated. The Commission also needed to consider whether the agreement met the "better off overall test" (BOOT) which ensures that employees are no worse off financially under the terms of the new agreement compared to their previous conditions.
The Commission found that the enterprise agreement was consistent with the legal framework established under the Fair Work Act 2009. It contained all the necessary minimum entitlements and had been fairly negotiated between the employer and the union. The Commission was satisfied that the agreement met the better off overall test, as it provided for increased wages and conditions that improved upon the existing terms for the employees. Consequently, the Commission approved the enterprise agreement, recognising its compliance with all statutory requirements.
The Fair Work Commission ordered the approval of the Man.Co Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from 1 April 2024. The decision ensures that the terms of the agreement will now govern the employment conditions of the employees within the specified period, offering them enhanced wages and conditions as stipulated.
Orders
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Background
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Evidence
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