360 Degree Fire Pty Ltd Summary

[2022] FWCA 1737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

360 Degree Fire Pty Ltd

(AG2022/1562)

360 Degree Fire Pty Ltd Enterprise Agreement - Fire Service Electrician - 2022 to 2025

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 MAY 2022

Application for approval of the 360 Degree Fire Pty Ltd Enterprise Agreement - Fire Service Electrician - 2022 to 2025

An application has been made for approval of an enterprise agreement known as the 360 Degree Fire Pty Ltd Enterprise Agreement - Fire Service Electrician - 2022 to 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, 360 Degree Fire Pty Ltd sought approval of the Fire Service Electrician Enterprise Agreement for the period 2022 to 2025. The application was made by the employer, and the agreement was to be applied to a group of employees classified as fire service electricians. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including the provisions for "better off overall" and "no disadvantage" tests.

The primary legal issue before the Commission was whether the proposed agreement provided a "better off overall" outcome for the employees and did not cause them "no disadvantage" compared to their existing conditions. This required the Commission to assess the financial and non-financial terms of the agreement, comparing them against the relevant award or safety net. The Commission also needed to determine if the agreement facilitated a fair and efficient workplace, which included assessing the agreement's provisions for flexibility and productivity.

Upon review, the Commission found that the proposed agreement did indeed provide a "better off overall" outcome for the employees, as it offered improved wages and conditions while maintaining reasonable flexibility for the employer. The Commission was satisfied that the agreement did not cause the employees any "no disadvantage" and met the safety net requirements. The terms of the agreement were deemed fair and reasonable, providing a balanced approach that benefited both the employees and the employer. Consequently, the Commission approved the Fire Service Electrician Enterprise Agreement for the specified period.

As a result of the Commission's decision, the Fire Service Electrician Enterprise Agreement between 360 Degree Fire Pty Ltd and the employees was approved, effective from 1 January 2022 until 31 December 2025. This agreement now governs the employment terms and conditions for the fire service electricians within the company for the duration of the agreement.

360 Degree Fire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established