| [2024] FWCA 2188 |
| 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
(AG2024/1942)
COMPLETE FIRE PROTECTION PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 13 JUNE 2024 |
Application for approval of the Complete Fire Protection 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 Complete Fire Protection 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 13 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525023 PR775974>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2188
- Case
- [2024] FWCA 2188
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to address involved the compliance of the proposed enterprise agreement with the relevant provisions of the Fair Work Act 2009, and whether the agreement met the criteria for approval as stipulated under the Act. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, as well as confirming that the agreement had been genuinely negotiated between the employer and the union representing the employees.
The court examined the terms and conditions outlined in the agreement, considering various factors such as wage rates, working hours, leave entitlements, and dispute resolution mechanisms. The court also assessed the process through which the agreement was negotiated, ensuring that it was conducted in good faith and that the union had genuinely represented the interests of its members. After careful consideration, the court determined that the proposed enterprise agreement was compliant with the Fair Work Act and met the necessary criteria for approval. The agreement was found to provide for fair and reasonable terms and conditions of employment, and the negotiation process was deemed to have been conducted in good faith.
As a result, the court approved the Complete Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, allowing it to come into effect and govern the employment relationship between the employer and the union's members for the specified period. The approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable, providing a stable and predictable work environment for both parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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