| [2022] FWCA 2209 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ENGIE Fire Protection Pty Limited
(AG2022/2027)
ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 – 2024
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 JULY 2022 |
Application for approval of the ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 - 2024
ENGIE Fire Protection Pty Limited has made an application for approval of an enterprise agreement known as the ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitters 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.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and 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, 188 and 190 as are relevant to this application for approval has been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 1 July 2022 and, in accordance with s 54, will operate from 8 July 2022. The nominal expiry date of the Agreement is 1 March 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516527 PR743276>
Annexure A
- AGLC
- ENGIE Fire Protection Pty Limited [2022] FWCA 2209
- Case
- [2022] FWCA 2209
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to address was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009. This included determining if the agreement was "better off overall" for the employees, if it was free from prohibited content, and if it adhered to the minimum standards set out in the Fair Work Act. Additionally, the court needed to assess if the agreement was made in good faith and whether the relevant parties had followed the appropriate process in negotiating and finalising the agreement.
In its reasoning, the Fair Work Commission determined that the proposed enterprise agreement was indeed compliant with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for terms and conditions that were better off overall for the employees, as it included provisions for higher wages, improved working conditions, and better protections for employees. The Commission also concluded that the agreement was free from any prohibited content and adhered to the minimum standards set out in the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the relevant parties had followed the appropriate process in negotiating and finalising the agreement.
As a result, the Fair Work Commission approved the ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 - 2024. The approved agreement now governs the terms and conditions of employment for employees in the fire protection industry within New South Wales and the Australian Capital Territory for the duration of the agreement.
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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