| [2024] FWCA 1669 |
| 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
(AG2024/1441)
ARCADE FIRE SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027
| Fire fighting services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 7 MAY 2024 |
Application for approval of the Arcade Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027
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 Arcade Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (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 May 2024.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1669
- Case
- [2024] FWCA 1669
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the Commission had to address were whether the agreement provided for the mandatory terms set out in the Fair Work Act, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and whether it met the requirements for a protected action. Additionally, the Commission had to ensure that the agreement did not discriminate against any particular group of employees and that it provided for adequate dispute resolution mechanisms.
After carefully considering the arguments and evidence presented by both parties, the Commission found that the agreement was compliant with the Fair Work Act and met the requirements for a protected action. The Commission found that the agreement provided for all the mandatory terms, including minimum wages, leave entitlements, and other conditions of employment. The Commission also found that the agreement was made in good faith and without coercion, and that it provided for a fair and efficient workplace. The Commission was satisfied that the agreement did not discriminate against any particular group of employees and that it provided for adequate dispute resolution mechanisms.
The Commission approved the agreement, and it will now be binding on the employees and the employer for the duration of the agreement. The approval of the agreement ensures that the workers in the fire protection industry will have a fair and efficient workplace, with adequate protections and benefits. The decision of the Commission provides clarity and certainty for both the union and the employer, and it sets out the terms and conditions of employment for the workers in the industry for the next three years.
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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