| [2024] FWCA 2071 |
| 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
(AG2024/1806)
CACHIA BROTHERS FIRE PROTECTION SERVICES 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 Cachia Brothers Fire Protection Services 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 Cachia Brothers Fire Protection Services 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
<AE524910 PR775680>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2071
- Case
- [2024] FWCA 2071
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission had to determine several legal issues in this case. These included whether the agreement was genuinely negotiated, if it contained the required minimum terms and conditions as stipulated by the Act, and whether it complied with the procedural requirements such as notice and consultation. Additionally, the Commission examined if the agreement met the 'better off overall test', ensuring that employees would not be worse off financially or in terms of conditions compared to their previous arrangements.
In reaching its decision, the Commission examined the evidence and submissions from both the applicant and the unions. It considered the negotiation process, the contents of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement was genuinely negotiated, contained all necessary minimum terms, and passed the 'better off overall test'. The procedural requirements were also met, with proper notice and consultation processes evident. Consequently, the Commission approved the enterprise agreement, recognising it as fair and balanced for the employees involved.
The final orders of the Commission included the approval of the enterprise agreement, which will now govern the employment terms and conditions for the relevant employees in Cachia Brothers Fire Protection Services Pty Ltd. The agreement will be in effect from 1 January 2024 until 31 December 2028, providing a stable and legally compliant framework for the workplace.
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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