| [2024] FWCA 2023 |
| 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
(AG2024/1780)
ALIGHT FIRE PROTECTION & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 3 JUNE 2024 |
Application for approval of the Alight Fire Protection & 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 Alight Fire Protection & 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 3 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524867 PR775592>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2023
- Case
- [2024] FWCA 2023
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for minimum entitlements, including minimum wages, penalty rates, leave provisions, and other conditions. The Commission also had to consider whether the agreement provided for a proper process for dispute resolution and whether it adhered to the principles of good faith bargaining and procedural fairness. Furthermore, the Commission assessed whether the agreement included any provisions that could be deemed to be contrary to the public interest.
After careful consideration of the evidence and submissions presented by both parties, the Commission determined that the enterprise agreement met the necessary statutory requirements for approval. The agreement was found to provide for minimum entitlements that were not less favourable than the applicable awards or the national safety and health minimum standards. The Commission also concluded that the agreement contained appropriate dispute resolution mechanisms and adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission found that the agreement did not contain any provisions that were contrary to the public interest.
As a result of this determination, the Fair Work Commission approved the Alight Fire Protection & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The approved agreement is now legally binding on the parties and their employees, and it will govern the terms and conditions of employment for the specified period.
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
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