DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

360 Degree Fire Pty Ltd
(AG2020/580)

360 DEGREE FIRE - ENTERPRISE AGREEMENT FIRE SPRINKLER FITTING - 2019/2023

Plumbing and Fire Sprinklers Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MARCH 2020

Application for approval of the 360 Degree Fire - Enterprise Agreement Fire Sprinkler Fitting - 2019/2023.

[1] An application has been made for approval of an enterprise agreement to be known as the 360 Degree Fire - Enterprise Agreement Fire Sprinkler Fitting - 2019/2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by 360 Degree Fire Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of 360 Degree Fire Pty Ltd involved a dispute regarding the approval of the Enterprise Agreement Fire Sprinkler Fitting 2019/2023. This agreement was between the employer, 360 Degree Fire Pty Ltd, and the union representing the employees. The union submitted an application to the Fair Work Commission seeking approval of the agreement, which was subsequently contested by the employer on various grounds. The matter was heard and determined by the Fair Work Commission.

The primary legal issues before the Commission involved the validity and enforceability of certain clauses within the agreement. The employer argued that several provisions were not compliant with the requirements of the Fair Work Act 2009, specifically sections concerning the terms of the agreement and their compliance with the safety provisions of the Occupational Health and Safety Act. The employer also contended that the agreement did not adequately protect employee rights and that certain provisions were overly restrictive.

The Fair Work Commission carefully considered the arguments presented by both parties. In its decision, the Commission found that while some of the employer's concerns had merit, the overall agreement was largely compliant with the statutory requirements. The Commission highlighted that the agreement contained adequate provisions for employee safety and welfare, and that the provisions challenged by the employer did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the Enterprise Agreement Fire Sprinkler Fitting 2019/2023, subject to minor amendments to address the identified issues.

360 Degree Fire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established