| [2021] FWCA 7326 |
| 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
(AG2021/8924)
SIGNAL FIRE SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2020-2023
Plumbing industry | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 24 DECEMBER 2021 |
Application for approval of the Signal Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the Signal Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514482 PR737192>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2021] FWCA 7326
- Case
- [2021] FWCA 7326
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed agreement met the criteria set out in the relevant industrial legislation for approval. Specifically, the court had to determine if the agreement complied with the requirements for good faith bargaining and if it provided for fair and reasonable terms for the employees. The court was also tasked with considering whether the agreement provided for the appropriate balance between the rights and obligations of both employers and employees.
The court examined the proposed agreement in detail, considering the provisions and the process by which it was negotiated. It found that the agreement was the product of genuine and good faith bargaining and that it contained terms that were fair and reasonable for the employees. The court was satisfied that the agreement provided a balanced approach that met the statutory requirements for approval. Accordingly, the court granted the application for approval of the agreement.
In conclusion, the court approved the Signal Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2020-2023. The decision was based on the court's finding that the agreement was the result of good faith bargaining and that it provided for fair and reasonable terms for the employees. The decision ensures that the agreement can now be implemented to regulate the terms and conditions of employment for employees in the fire protection sector in Victoria.
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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