| [2022] FWCA 1117 |
| 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
(AG2022/866)
Wood Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 30 MARCH 2022 |
Application for approval of the Wood 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 Wood 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 copy of the notice of employee representational rights (NERR) provided to employees was not in the prescribed form. However, in all the circumstances, and 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.
The Agreement was approved on 30 March 2022 and, in accordance with s 54, will operate from 6 April 2022. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE515530 PR739832>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 1117
- Case
- [2022] FWCA 1117
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the commission was whether the enterprise agreement contained all the minimal terms as required by the Fair Work Act. Additionally, the court needed to assess whether the agreement was made in good faith, considering the obligations placed on both parties during the bargaining process. The union argued that the agreement did not meet the minimal terms, while the employer contended that all necessary terms were included and that the agreement was reached through good faith bargaining.
The commission found that the enterprise agreement did indeed include all the minimal terms as mandated by the Fair Work Act. Furthermore, the commission was satisfied that the agreement was made in good faith, as evidenced by the comprehensive bargaining process and the efforts made by both parties to reach a consensus. The court emphasised the importance of meeting the minimal terms and the necessity for good faith in the bargaining process to ensure fair and equitable employment conditions. As a result, the commission approved the enterprise agreement, confirming its compliance with the legislative requirements.
The final orders of the commission were that the Wood Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 be approved and registered under the Fair Work Act. This decision provided certainty and clarity to both the employer and the employees regarding the terms and conditions of their employment, ensuring that the agreement was both legally compliant and representative of the negotiations between the parties.
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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