| [2022] FWCA 202 |
| 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
(AG2021/9172)
Inflame Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 25 JANUARY 2022 |
Application for approval of the Inflame Fire Services 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 Inflame Fire Services 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. 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 January 2022 and, in accordance with s 54, will operate from 1 February 2022. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 202
- Case
- [2022] FWCA 202
- Decision Date
CaseChat Overview and Summary
The key legal issue for the Commission to decide was whether the proposed enterprise agreement complied with the statutory criteria for registration as a low paid industry agreement. This involved assessing whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, and whether it met the substantive conditions necessary to be considered a low paid industry agreement. These conditions include provisions for pay rates, classification of employees, and other terms and conditions of employment that are fair and reasonable.
The Fair Work Commission found that the agreement did not meet the criteria for approval as a low paid industry agreement. The Commission determined that the agreement did not adequately address the classification of employees and the pay rates specified within it, which were not consistent with the standards set out in the Fair Work Act. The Commission noted that the agreement did not provide sufficient clarity on the classification of employees and the pay rates, and that this omission was a significant defect. Consequently, the application for approval was dismissed, and the agreement was not registered under the Act.
As a result of the decision, the Fair Work Commission ordered that the application for approval of the enterprise agreement be dismissed. The Commission's decision was based on the failure of the agreement to meet the statutory requirements for registration as a low paid industry agreement. This outcome ensures that the terms and conditions of employment within the agreement do not unfairly disadvantage employees and that they are in line with the protections afforded by the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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