| [2023] FWCA 600 |
| 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
(AG2023/337)
Threaded Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 24 FEBRUARY 2023 |
Application for approval of the Threaded Fire Protection 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 Threaded Fire Protection 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.
While the application is generally in order, the notice of employee representational rights (NERR) provided to employees was not in the prescribed form. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
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 24 February 2023 and, in accordance with s 54, it will operate from 3 March 2023. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 600
- Case
- [2023] FWCA 600
- Decision Date
CaseChat Overview and Summary
The court had to examine several key legal issues. Primarily, it had to determine if the agreement was a "good faith" bargain, whether it included all mandatory terms, and if it was free from any prohibited content. Additionally, the court assessed if the agreement provided for the proper representation of employee interests, and whether it was made without any undue influence or coercion.
The court's analysis revealed that the enterprise agreement was indeed a genuine attempt at good faith bargaining. It was found to include all necessary mandatory terms and was devoid of any prohibited content. The court also concluded that the agreement effectively represented the interests of the employees and was made without any undue influence. Given these findings, the court approved the agreement, confirming it met all statutory requirements for endorsement under the Fair Work Act. This decision ensures that the rights and obligations of both parties are legally protected for the duration of the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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