| [2022] FWCA 4151 |
| 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
(AG2022/4816)
Firematic Sprinklers and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 25 NOVEMBER 2022 |
Application for approval of the Firematic Sprinklers and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023
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 Firematic Sprinklers and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.
The Agreement was approved on 25 November 2022 and, in accordance with s 54, will operate from 2 December 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 4151
- Case
- [2022] FWCA 4151
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court included whether the agreement was an enterprise agreement as defined by the Fair Work Act, and whether it satisfied the formal requirements for approval. The court also needed to consider whether the agreement included all the mandatory terms prescribed by the regulations and whether it was made in good faith and without the use of undue influence or coercion. The court had to ensure that the agreement provided for the resolution of disputes and met the procedural fairness requirements.
In delivering its decision, the court found that the Firematic Sprinklers and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 complied with the legal criteria for approval. The court confirmed that the agreement was an enterprise agreement within the meaning of the Fair Work Act and met all the formal requirements for approval. The agreement was found to include all the mandatory terms prescribed by the regulations, was made in good faith, and provided for the resolution of disputes. The court was satisfied that the procedural fairness requirements had been met, and thus, approved the agreement under section 234 of the Fair Work Act.
The court's final order was that the Firematic Sprinklers and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 be approved in accordance with the Fair Work Act and the Fair Work Regulations 2009. This approval means the agreement can now operate as a legally binding contract between the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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