| [2023] FWCA 2665 |
| 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
(AG2023/2778)
MAJA SPRINKLER CO PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020-2024
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 23 AUGUST 2023 |
Application for approval of the Maja Sprinkler Co Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024
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 Maja Sprinkler Co Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 (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 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 23 August 2023 and, in accordance with s 54, it will operate from 30 August 2023. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521215 PR765421>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 2665
- Case
- [2023] FWCA 2665
- Decision Date
CaseChat Overview and Summary
The Commission found that the agreement was consistent with the statutory requirements. It provided for a fair and efficient resolution of employment issues, including procedures for the determination of disputes and the establishment of a fair and effective workplace culture. The agreement included provisions for wage progression, leave entitlements, and dispute resolution mechanisms that aligned with the objectives of the Act. The Commission concluded that the proposed agreement would facilitate the efficient determination of employment terms and conditions, and therefore, it approved the application for the agreement to be certified.
The Commission's decision was grounded in its assessment that the agreement provided comprehensive and fair terms and conditions for employees, while also ensuring that the employer's business needs were adequately considered. The agreement's provisions were deemed to strike an appropriate balance between the rights and interests of both parties, thereby fulfilling the statutory criteria for certification. The Commission's approval of the agreement reflected its view that the agreement would promote a harmonious and productive workplace environment.
In approving the application, the Commission certified the Enterprise Agreement NSW & ACT 2020-2024, effective from the date of the decision. This certification means that the agreement will be legally binding on both the employer and the employees covered by the agreement, and it will apply to all employees within the scope of the certified agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.