| [2024] FWCA 2160 |
| 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
(AG2024/1900)
NORTHERN 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 Northern 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 Northern 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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2160
- Case
- [2024] FWCA 2160
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act 2009. This included whether the agreement satisfied the "better off overall test" and whether it contained provisions that were contrary to public policy or industrial law. The court also needed to determine if the agreement was consistent with the principles of freedom of association and protected industrial action, as well as whether it complied with the "no disadvantage test."
The Fair Work Commission found that the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions, and it complied with the relevant industrial laws. The Commission was satisfied that the agreement passed the "better off overall test" and did not contain provisions that were contrary to public policy or industrial law. The Commission also found that the agreement was consistent with the principles of freedom of association and protected industrial action, and it complied with the "no disadvantage test." As a result, the Commission approved the enterprise agreement.
The Fair Work Commission approved the Northern Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant employees for the period of the agreement. The approval of the enterprise agreement ensures that the parties have a fair and reasonable agreement that complies with the relevant industrial laws and protects the rights of both employers and employees.
Orders
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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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