| [2024] FWCA 2970 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Symal Contractors T/A Symal Contractors Pty Ltd
(AG2024/2936)
SYMAL CONTRACTORS PTY LTD AND CEPU-PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 12 AUGUST 2024 |
Application for approval of the Symal Contractors Pty Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Symal Contractors Pty Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Symal Contractors T/A Symal Contractors Pty Ltd. The Agreement is a single enterprise agreement.
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.
An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 40: Compassionate leave – stillbirth.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 31 October 2027.
COMMISSIONER
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- AGLC
- Symal Contractors T/A Symal Contractors Pty Ltd [2024] FWCA 2970
- Case
- [2024] FWCA 2970
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it met the requirements of the "better off overall test" (BOOT), and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained any unfair terms that would warrant rejection under the general protection provisions of the Act.
The Fair Work Commission found that the agreement had been genuinely negotiated and met the BOOT. The Commission noted that the agreement contained provisions that were fair and reasonable and did not include any terms that would be considered unfair under the Act. The Commission also determined that the agreement complied with the requirements of the Fair Work Act, including the process for the approval of enterprise agreements. The Commission approved the agreement, stating that it believed the agreement was in the best interests of the employees and the employer.
In light of the findings, the Fair Work Commission approved the Symal Contractors Pty Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027. The decision is a significant step forward for the parties involved and provides a framework for their future industrial relations.
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Background
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