RNW Fire Services Pty Ltd

Case [2024] FWCA 1504
[2024] FWCA 1504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RNW Fire Services Pty Ltd

(AG2024/1029)

RNW FIRE SERVICES ELECTRICAL & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2024

Electrical contracting industry

COMMISSIONER PLATT

ADELAIDE, 23 APRIL 2024

Application for approval of the RNW Fire Services Electrical & CEPU South Australian Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the RNW Fire Services Electrical & CEPU South Australian Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RNW Fire Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 10 April 2024.

  1. 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 November 2027.


COMMISSIONER

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Details
AGLC
RNW Fire Services Pty Ltd [2024] FWCA 1504
Case
[2024] FWCA 1504
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by RNW Fire Services Pty Ltd to have their proposed Electrical & CEPU South Australian Enterprise Agreement 2024 approved. This application followed negotiations between the employer and the employees, represented by the Electrical Trades Union of Australia. The Commission had to decide whether the agreement met the criteria for approval as a modern award under the Fair Work Act 2009.

The key legal issue was whether the proposed agreement provided for terms and conditions that were no worse off than the applicable modern award and met the "better off overall test". The Commission considered the fairness of the terms and conditions, the process through which the agreement was negotiated, and whether it complied with the requirements of the Fair Work Act.

The Fair Work Commission found that the proposed agreement was fair and complied with all statutory requirements. The terms and conditions were not worse off than the applicable modern award, and the employees would be better off overall. The Commission was satisfied with the negotiation process and the compliance with procedural fairness. Consequently, the Commission approved the application and the Electrical & CEPU South Australian Enterprise Agreement 2024.

The Fair Work Commission ordered the approval of the Electrical & CEPU South Australian Enterprise Agreement 2024, effective from the date of the decision. This agreement would now serve as the terms and conditions of employment for the relevant employees until superseded by a new agreement or modern award.

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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