DECISION

Fair Work Act 2009
s.185—Enterprise agreement

360 Degree Fire Pty Ltd
(AG2018/2377)

360 DEGREE FIRE PTY LTD - ENTERPRISE AGREEMENT FIRE SERVICES ELECTRICIAN - 2018 TO 2022

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 12 OCTOBER 2018

Application for approval of the 360 Degree Fire Pty Ltd - Enterprise Agreement Fire Services Electrician - 2018 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the 360 Degree Fire Pty Ltd - Enterprise Agreement Fire Services Electrician - 2018 to 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 360 Degree Fire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 25 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by 360 Degree Fire Pty Ltd for approval of an enterprise agreement for the period 2018 to 2022. The respondents, represented by the Electrical Trades Union of Australia, argued that the proposed agreement did not meet the requirements for registration under the Fair Work Act 2009. The dispute centred on the fairness of the agreement, particularly concerning the classification of electricians and the implications for their wages and conditions.

The legal issues the court was required to decide included whether the proposed agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and whether it satisfied the "better-off-overall test." The court had to consider whether the proposed agreement provided terms and conditions that were at least as good as those provided under the relevant awards, and whether it met the minimum entitlements prescribed by the Fair Work Act.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement, had been negotiated in good faith, and satisfied the better-off-overall test. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that the respondents had not demonstrated that the agreement would cause significant detriment to any party. The Commission also found that the agreement met the minimum entitlements prescribed by the Fair Work Act. Based on these findings, the Commission approved the application for registration of the enterprise agreement.

In light of the findings, the Fair Work Commission approved the application and registered the 360 Degree Fire Pty Ltd - Enterprise Agreement Fire Services Electrician - 2018 to 2022 under the Fair Work Act. The agreement now provides the terms and conditions of employment for the relevant employees, and will remain in effect until the end of the specified period or until varied or terminated in accordance with the Act.

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