| [2024] FWCA 1666 |
| 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
(AG2024/1420)
DEPENDABLE FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 7 MAY 2024 |
Application for approval of the Dependable 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 Dependable 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 7 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524530 PR774552>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1666
- Case
- [2024] FWCA 1666
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the commission to resolve were whether the agreement had been fairly negotiated and whether it met the formal requirements for approval. The commission also had to consider if the agreement provided employees with a fair and reasonable outcome in comparison to the applicable award or safety net. This involved examining the specific terms and conditions of the agreement, including wages, hours of work, and other employment-related matters.
After reviewing the submissions and evidence provided by both parties, the commission found that the agreement had been fairly negotiated and met all formal requirements. The commission concluded that the proposed agreement was in the interests of the employees, as it provided them with a better overall package of terms and conditions than what was available under the applicable award or safety net. Consequently, the commission approved the enterprise agreement, which will now govern the employment conditions for the employees covered by the agreement for the period of 2024 to 2028.
The final orders of the commission were to approve the Dependable Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from 1 March 2024. The approved agreement will now serve as the governing document for the employment terms and conditions of the employees within the specified enterprise.
Orders
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Background
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Evidence
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Ratio Decidendi
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