DECISION

Fair Work Act 2009
s.185—Enterprise agreement

360 Degree Fire Pty Ltd
(AG2017/6656)

360 DEGREE FIRE PTY LTD - ENTERPRISE AGREEMENT FIRE SPRINKLER FITTING - 2016 TO 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MARCH 2018

Application for approval of the 360 Degree Fire Pty Ltd - Enterprise Agreement Fire Sprinkler Fitting - 2016 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the 360 Degree Fire Pty Ltd - Enterprise Agreement Fire Sprinkler Fitting - 2016 to 2019 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 26 March 2018 and, in accordance with s.54, will operate from 2 April 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved 360 Degree Fire Pty Ltd, a company in the fire sprinkler fitting industry, and its employees represented by a union. The dispute centred around the approval of an enterprise agreement proposed by the company for the period from 2016 to 2019. The union argued that the proposed terms did not meet the criteria for approval under the Fair Work Act 2009, particularly in relation to the requirements for good faith bargaining and the avoidance of unnecessary hardship.

The primary legal issues before the court were whether the enterprise agreement met the standards set forth by the Fair Work Act, specifically whether the agreement was the product of genuine and voluntary bargaining between the parties, and whether it avoided causing undue hardship to the employees. Additionally, the court had to determine if the proposed terms were fair and reasonable, taking into account the economic and social factors relevant to the industry and the parties involved.

In considering these issues, the Fair Work Commission examined the negotiation process between the parties, the content of the proposed agreement, and its impact on the employees. The Commission found that the agreement had been reached through genuine and voluntary bargaining, with both parties demonstrating a commitment to resolving their differences in a fair and reasonable manner. The Commission also determined that the terms of the agreement did not cause undue hardship to the employees and were fair and reasonable, taking into account the economic and social factors relevant to the industry and the parties involved. Based on these findings, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the enterprise agreement between 360 Degree Fire Pty Ltd and the union was approved and came into effect on the specified date. The agreement will govern the terms and conditions of employment for the employees of 360 Degree Fire Pty Ltd for the period from 2016 to 2019.

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