| [2024] FWCA 2110 |
| 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
(AG2024/1863)
ALERT FIRE PROTECTION SERVICES & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Fire fighting services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 7 JUNE 2024 |
Application for approval of the Alert Fire Protection Services & 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 Alert Fire Protection Services & 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 7 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524948 PR775792>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2110
- Case
- [2024] FWCA 2110
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This required the Commission to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the safety net provisions of the Act. The Commission needed to ensure that the agreement did not undermine the minimum standards of pay and conditions set out in the relevant award.
In delivering its decision, the Commission considered the arguments presented by both parties and examined the terms of the proposed agreement. The Commission found that the agreement was fair and reasonable, as it provided for appropriate wages and conditions that were in line with industry standards. The Commission noted that the agreement included provisions for wage increases, improvements to leave entitlements, and provisions for dispute resolution. The employer's objections were largely centred on the wage increases, but the Commission determined that these were justifiable given the prevailing economic conditions and the need to maintain the competitiveness of the industry. The Commission ultimately approved the agreement, finding that it met the necessary criteria under the Act.
The final orders of the Commission were that the Alert Fire Protection Services & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 be approved as a registered agreement. This decision provides clarity for both employers and employees in the fire protection industry, ensuring that the terms of employment are fair and reasonable, while also maintaining the competitiveness of the industry.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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