| [2024] FWCA 2001 |
| 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
(AG2024/1750)
P&R FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Fire fighting services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 31 MAY 2024 |
Application for approval of the P&R Fire 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 P&R Fire 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 31 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524845 PR775556>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2001
- Case
- [2024] FWCA 2001
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly whether it met the criteria for "better off overall and in the round" for the employees. The Commission also had to determine if the agreement contained provisions that were contrary to the provisions of the Fair Work Act or the Fair Work Regulations. Additionally, the Commission needed to assess if the agreement had been made in good faith and if it provided for proper mechanisms for dispute resolution.
The Commission found that the agreement did meet the statutory criteria for approval. It was determined that the agreement was made in good faith and provided for proper mechanisms for dispute resolution. The Commission concluded that the agreement was better off overall and in the round for the employees, as it provided for fair wages and conditions, and did not contain any provisions that were contrary to the Act or Regulations. The agreement was approved, and the parties were bound by its terms for the specified period.
The Fair Work Commission approved the P&R Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, determining that it met the statutory requirements for approval and was better off overall and in the round for the employees. The agreement was made in good faith and provided for proper mechanisms for dispute resolution. The terms of the agreement will govern the employment conditions of the parties for the period specified.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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