| [2024] FWCA 2076 |
| 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
(AG2024/1842)
EFFICIENT 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, 5 JUNE 2024 |
Application for approval of the Efficient 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 Efficient 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 5 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524915 PR775689>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2076
- Case
- [2024] FWCA 2076
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the agreement complied with the Fair Work Act and could be approved by the Commission. This required consideration of various provisions within the Act, including those relating to the terms and conditions of employment, the process for negotiation and agreement, and the impact on employees' rights and entitlements. The Court needed to determine if the agreement was genuinely negotiated, if it met the requirements for good faith bargaining, and if it provided fair and reasonable terms for the employees covered by the agreement.
The Court found that the agreement met the necessary legal standards for approval. The union had demonstrated that the agreement was the result of genuine negotiations between the parties, and it contained terms that were fair and reasonable for the employees. The Court also considered the evidence provided by the union regarding the process of negotiation and the content of the agreement. The terms of the agreement were found to be in line with the requirements of the Fair Work Act, and the Court was satisfied that the agreement would serve the interests of the employees covered by it. As a result, the Court approved the application for the agreement's approval.
In conclusion, the Court approved the application for the approval of the Efficient Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The Court found that the agreement met the necessary legal standards for approval, and it would serve the interests of the employees covered by the agreement. This decision allows the agreement to come into effect and provides a framework for the terms and conditions of employment for the relevant employees during the specified period.
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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